Legal Question in Personal Injury in California
Auto hit while parked in a red zone
While picking my daughter up from school my parked car was hit by a car. I
was parked in a red zone, I stepped out of the car to wave at my daughter, a
car swung around my car and tore off the bumper, ruined the side of the car.
The first thing said is ''your in a red zone, that's no good''. How is it my fault?
I was parked and right in front of my car. A police officer did not give me a
ticket, the lady who hit me wanted me to get a ticket, the officer said I was
not going to get one. Am I negilent by parking in the red zone? This lady did
not know how to park, just tore in front of my car with her long truck, and
she was her cell phone. No ticket was issued to me, I did get her insurance
info. am I liable in any way.
Thank you for any help.
--name removed--
2 Answers from Attorneys
Re: Auto hit while parked in a red zone
The red zones generally are there to create access to and from the adjacent business or house, unless on the corner. Although it's a question of fact and depends on several issues, it sounds like the person on the cell phone was at fault. Thank goodness you weren't hurt! Take some photos of the location and make a claim. Your insurance carrier should help you with the DMV paperwork and getting your car repaired.
Re: Auto hit while parked in a red zone
Even if you were "negligent" by parking in the red zone, it does not sound like your "negligence" was the cause of the accident. At worst, if this accident results in a lawsuit, any award might be reduced by the percentage of fault the court attributes to your parking (perhaps 5%). I agree with Mr. Cohen, turn this over to your insurance company and let them deal with it.
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