Car AccidentsIllegally Parked Car Accidents

Parking regulations are typically designed to facilitate the free flow of traffic or for the safety of motorists lawfully traveling on the road. If you struck an illegally parked car you may have a viable injury claim. A viable injury claim generally requires a finding that the car was parked or stopped in a location that endangered approaching motorists. An illegally parked car on a highway, in a travel lane, near a sharp bend in the roadway or a hill is a serious danger. Drivers that leave their cars in such dangerous locations are responsible for the injuries they cause.

Maryland car accident lawyer, George Patterson obtained a $210,000 award for a motorcyclist that changed lanes into an exit lane and was confronted by a parked car with a flat tire. The motorcyclist attempted to bring his motorcycle to a stop but was unable to do so before striking the illegally parked car. The impact propelled the driver through the air and left him with a broken leg and unable to move out of a travel lane. Fortunately, traffic was able to avoid striking the motorcyclist. The insurance company for the driver of the car denied the claim and suit was filed. The claim was originally denied because an independent witness claimed the motorcyclist was speeding, the driver of the car claimed that he sustained an unexpected flat tire and he did the best he could and that the motorcyclist should have seen the stopped car.

George Patterson hired an engineer from the University of Maryland to reconstruct the accident. The accident reconstructionist was able to calculate the speed of the motorcyclist at the time he applied his brakes and the speed at the time he struck the car. This evidence contradicted testimony by an independent witness that thought the motorcyclist was driving “too fast.” The accident reconstructionist was able to identify the distance that was required for a motorcyclist to perceive the stopped vehicle, react and bring the motorcycle to a stop from a speed of 60 mph. The accident reconstruction proved that it would have been impossible for the motorcyclist to stop once he saw the stopped car.

The driver of the disabled vehicle claimed that he was unable to move the car to a safe location because it suffered an unexpected flat tire. Aerial photographs showed that the car could have been driven hundreds of feet forward to a safe location. The independent witness also confirmed that the driver of the car failed to activate his hazards. The judge found that the motorcyclist was faced with a sudden emergency and acted appropriately. The judge further concluded that the driver of the car was negligent at a minimum for not activating his hazards. The motorcyclist suffered multiple fractures that required immediate surgery. The judge was advised that the fractures to the ankle, knee and leg would lead to the early onset of arthritis. An experienced motorcycle attorney can make sure that your treating doctors or independent experts document the full extent of your injuries. Every accident case is different and past results in other motorcycle accident cases are often not an accurate method of predicting results. A detailed evaluation by an experienced motorcycle accident lawyer is necessary for a proper evaluation.