When most people think of car accidents that could happen in Hickory, they imagine high-speed collisions on US-321 and US-70 or rear-end collisions at intersections in the busy downtown area. Proving fault may be necessary after some accidents despite North Carolina’s no-fault rule, but who is responsible if you hit an illegally parked car in Hickory, NC? The state’s contributory negligence rule could make it difficult for either driver in this situation to claim compensation.
Who Is Responsible if You Hit an Illegally Parked Car in Hickory, NC?
The North Carolina Department of Transportation reported a total of 284,157 traffic accidents throughout the state in 2023, which was a nearly 4% increase from 2022. While many accidents result in injuries, an accident involving an illegally parked car may only result in injuries to the active driver. After most accidents in North Carolina, drivers use their own auto insurance to cover their damages, regardless of who was at fault.
Under the no-fault rule, a driver would file a claim with their own insurance carrier to seek compensation for their damages after an accident. If your car was parked legally when another driver hit it, your insurance could cover resulting damages, but you may have grounds for further legal recourse under certain conditions, such as if you were in the parked car and suffered injuries. However, you could only do so if you were not at fault for the accident.
If you hit an illegally parked car in Hickory, you would only be able to file a claim with your own insurance carrier to seek compensation for the resulting damages. Additionally, the owner of the illegally parked car would not have grounds for any legal recourse against you due to their own negligence. In North Carolina, violations of the law can qualify as negligence, so the owner of the illegally parked car has no legal recourse under the contributory negligence rule.
It is also important to understand that you would not have grounds to seek compensation from the owner of the illegally parked car because you caused the accident, even though their car was parked illegally. If a driver hits any parked car, they are almost always at fault for the collision. If you have questions about your recovery options after this type of accident, it’s important to hire a car accident lawyer right away.
Resolving a Car Accident Case Involving an Illegally Parked Car
Car accidents are a leading cause of accidental injuries and deaths in the United States each year. Every state has different rules for resolving these situations. In North Carolina, drivers primarily use their own no-fault auto insurance to cover their losses after an accident, but when an at-fault driver has caused severe injuries to another party, they may face a personal injury claim and will be liable for any damages insurance won’t cover.
In a case in which both parties are at fault, such as a driver hitting an illegally parked car, neither party would have grounds for legal action against the other. Ultimately, resolving a car accident case of any kind in Hickory can be challenging, so if you have questions about fault and your recovery options on either side of an accident involving an illegally parked car, it’s a good idea to hire a car accident lawyer at your first opportunity.
FAQs
What Are the Most Common Causes of Accidents Involving Parked Cars?
Some of the most common causes of accidents involving parked cars include speeding, moving violations, distracted driving, and driving under the influence of drugs or alcohol. While North Carolina’s no-fault rule limits an injured driver’s legal options following an accident, they may have grounds to claim compensation from an at-fault driver when they have suffered serious injuries.
Who Is at Fault for Hitting an Illegally Parked Car?
When it comes to fault for hitting an illegally parked car, both the active driver and the owner of the illegally parked car would likely be considered at fault in North Carolina. Drivers are required to operate their vehicles attentively and obey traffic signals, and hitting a parked vehicle almost always results from some form of negligence. Drivers are also required to park legally, and failure to do so can result in limited recovery options if an illegally parked car is hit.
Will My Insurance Cover an Accident if I Was at Fault?
Yes, your insurance should cover an accident if you were at fault and provide compensation up to the coverage limits of your policy. After most accidents, the drivers involved file claims to their respective insurance carriers. When you purchase a no-fault insurance policy, it is important to find a balance between affordability and coverage, securing coverage limits with which you are comfortable so you can rely on your insurance after an accident.
When Can You Sue for a Car Accident in North Carolina?
Generally, you can only sue for a car accident in North Carolina if the defendant caused a serious injury and your damages exceed the scope of available insurance coverage. If you are unsure whether you have grounds to file a personal injury case against an at-fault driver, it’s important to hire a car accident lawyer right away so they can review the details of your situation and determine your most viable recovery options.
Why Should I Hire a Car Accident Lawyer After Hitting an Illegally Parked Car?
You should hire a car accident lawyer after hitting an illegally parked car because filing a no-fault insurance claim is likely to be your only option for recovering your losses, and dealing with insurance companies is much easier when you have legal representation you trust on your side. Your attorney can help you file your claim, and they can verify that the insurance company handles the claim appropriately.
Ultimately, accidents in which more than one party is to blame can be difficult to navigate. If you are unsure who is responsible if you hit an illegally parked car in Hickory, NC, you should hire a car accident lawyer at your first opportunity so they can help you navigate this situation.
Our firm has extensive experience handling these cases in Burke, Caldwell, and Catawba counties. Contact the Law Office of Lyndon R. Helton, PLLC, today to schedule a consultation with our team and learn how we can help with your case.
