My apt complex allows cars to park on sidewalk , which is a big blind spot for cars trying to make a left turn, when coming out the gate. So you have to drive up to the street a little bit to make sure no cars are coming well , I did that , and a speeding truck crashed into me... ??? confused never gotten into a car accident !!
2007-10-04 12:01:37 · 9 answers · asked by pink_g07 1 in Politics & Government ➔ Law & Ethics
So you knew this hazard was there - you never sent written notice to your apartment complex that this was a hazard - you never notified the police department so they could tow the illegally parked vehicles.
So now that you have had an accident b/c you pulled out into someone - it's the apartment complexes fault because cars were parked there and the trucks fault because it was speeding. So your just innocent in all this? Maybe operating a 2000lb automobile is too much responsibility for you.
2007-10-04 15:03:29 · answer #1 · answered by Boots 7 · 0⤊ 0⤋
Sue the APARTMENT COMPLEX? for WHAT? wasn't it a CAR that obstructed your view? If the cars are parked on the OTHER side of the gate, then the apartment complex is at NO FAULT AT ALL.... and if the cars are LEGALLY ABLE to park there, no one did anything you COULD sue them for.... but you go right ahead with this frivolous lawsuit if a lawyer will even take it and waste court time and it's people like you who make getting lawyers so expensive.... if you can't see out the gate, then you should have complained to the CITY who obviously allows parking in those spots...but I don't think you would have a leg to stand on if you sued the apartment complex...... Besides, if you can't drive around obstacles that are ALWAYS THERE, then maybe you shouldn't be driving??? the truck had the right of way---NOT YOU.
2007-10-04 19:09:56 · answer #2 · answered by LittleBarb 7 · 0⤊ 0⤋
Did you get the plate numbers of the cars on sidewalk? I do not believe the complex can say it is ok I believe at least under the rules of the road it is a violation of some ordinance. Take some pictures of the place you are talking about with the cars parked there before the complex tells everyone not to park there because of you accident. I would consult your local bar association. They usually will meet the first time for no money. Also there are many who take cases if injury happens on a consignment basis. Yes I believe you have one or more causes of action under any state and federal law. Look into it. You only have 2 years to get it to court. But make sure you have concrete proof of what was going on it will help.
2007-10-04 19:07:37 · answer #3 · answered by debbie f 5 · 0⤊ 0⤋
Parking ion the sidewalk may be contrary to local ordinances or even state vehicle code. Call a local attroney and descibe the situation.
What did the respective insurance companies say? Your insurance company may wish to pursue a suit on your behalf (at their expense!) to recover damages if the parking is mis-handled.
But what suit do you have really? What are your damages? Presumably your inmsurance company or the other one already "made you whole". If there is a suit to be filed, i tis by the insurance companies, not you.
if you just want the cars off the sidewalk, then call the city ahll to see who is responsible. No attorney needed.
2007-10-04 19:06:00 · answer #4 · answered by Barry C 7 · 0⤊ 0⤋
There are alot of legal area's involved. which you would have to consult with a pa in your area. if there is a rightaway and setback. no cars can legally park. in order to sue the complex, proof would have to be shown they allowed it, other accidents have happened etc. Was the truck speeding? did the truck use the second chance law or was on the cellphone? Was there a ticket given or report made out? Most of all don't sign anything!!! until you sign on with an attorney in your area. Don't even talk to your own insurance company until you obtain legal advice and are retaining an attorney.
2007-10-04 19:20:15 · answer #5 · answered by hollywood71@verizon.net 5 · 0⤊ 1⤋
yes you should.....the cop doing the report should have noticed that the cars on the sidewalk would blind exiting traffic...call a laywer to get all your options
2007-10-04 19:05:22 · answer #6 · answered by sjeboyce 5 · 0⤊ 0⤋
i would check with a lawyer to make sure that you even have a legit case...but to me, sounds like you do... it sounds like ur apt is letting cars park illegally. good luck
2007-10-04 19:09:36 · answer #7 · answered by bLeSsEd 4 · 0⤊ 0⤋
Go ahead sue
2007-10-04 19:03:44 · answer #8 · answered by backtothepast 3 · 0⤊ 0⤋
Sounds illegal to me. Yeah, I'd research that and if possible, stick it to them.
2007-10-04 19:04:49 · answer #9 · answered by Wrath Warbone 4 · 0⤊ 0⤋