Recently a client came in and asked, “I hit an illegally parked car is it my fault?” The answer is not a simple yes or no. There will be several factors that must be considered to determine fault in this situation.
Who Is Responsible If You Hit An Illegally Parked Car?
Hitting an illegally parked car in Florida will fall under the no-fault accident law just like any other car accident. However, if injuries are involved in the accident, establishing fault will become necessary to pay compensation.
Your car accident attorney will have to investigate the accident to determine who was at fault. There are many different scenarios that could have occurred, and depending on the facts of the case, the fault could be applied to either party.
Some of the factors that will be examined include:
- Was anyone in the illegally parked car at the time of the accident?
- Which parties were injured?
- Could you see the illegally parked car prior to impact?
- Did the accident occur during the day or night?
- Why was the vehicle parked illegally?
- Was it a parking lot accident
There are many other issues that your attorney will examine to help determine who was at fault for the accident.
No-fault laws require that all drivers have a minimum of personal injury protection coverage on their vehicles. This coverage will cover some of your medical care and financial losses. However, if your losses exceed the policy amount, you will need to establish fault and sue for the balance of your losses.
Types Of Compensation Available To Accident Victims
Regardless of the type of accident you are involved in, you are entitled to seek compensation for the following losses if they apply to your case:
This will include any current medical care costs for treating your injuries and any potential future medical care related to the accident. If your injuries are catastrophic in nature, you may also seek long-term medical care costs for your injuries, such as in-home care or life-long care.
Any income that you have lost, including contributions to your retirement or other benefits, as a result of your accident will be included in the compensation. If your injuries prevent you from returning to work at full capacity or at all, you also have the right to seek lost future earnings.
Certain expenses related to your accident will be covered as part of your compensation. This may include mileage and tolls for visiting the doctor, over-the-counter supplies requested by your medical care provider, and expenses related to accommodating your injury in your home or vehicle.
Pain, Suffering, and Mental Anguish
Every individual suffers differently when they have been injured. Because of this, compensation for pain, suffering, and mental anguish is unique to each case. Your attorney will discuss with you how this type of compensation applies to your case and what they will ask for compensation.
There are other forms of compensation that you may be entitled to for your accident. When you have your initial consultation with your attorney, they will discuss with you the types of compensation that apply to your case.
Contact A Personal Injury Attorney Today
If a car is parked illegally and you hit it and were injured in the accident, it will be beneficial to speak with a personal injury attorney.
Your attorney will investigate the accident and ensure that your rights are protected as an injury victim. When your case is accepted, they will immediately begin to represent your claim with the insurance company. This will give you the time you need to focus on your recovery.
Any accident can become a complex issue without the right legal help. Insurance companies are focused only on one thing – reducing or denying claims to protect their bottom line. To protect your right to receive compensation and to be compensated in the full amount owed, you will always do better with legal representation.
Contact the personal injury attorneys at Landau Law today for a free case consultation.
Florida Car Accident Lawyer
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