Legal Question in Traffic Law in Pennsylvania

Laws Regarding Parking

Yesterday is was turning right out of my office driveway onto a shared driveway. The business across from our office constantly has 18 wheeler trucks parked along this shared driveway waiting to move forward and be loaded. They are usually parked about 4 feet on top of our property where there use to be grass but is now a huge mud pit. This particular day a truck was parked there and the back end of the trailer was about 3-4 feet passed our driveway opening. There was also a truck parked about 20 feet behind this truck which prevented me from making a wide turn. I thought I could clear the truck but in the middle of the turn I noticed there was a car parked directly across from the 18 wheeler. I had to backup to miss hitting this car. After I backed up, my angle was cut off so much that when I pulled forward I scraped the side of my pickup truck on the trailer. I checked with the driver of the 18 wheeler and he said there was no damage to his trailer. When a talked to the owner of this business he basically said tuff luck. He said the truck was parked in a right of way even though he was 4 feet on our property. Was this truck parked illegally? What are the laws regarding fault in this instance?


Asked on 1/28/06, 12:18 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Laws Regarding Parking

It depends. Adjacent to all streets there is a public right of way. That doesn't mean that the property is available to the "public" but the public authorities can exercise control over that property. The property is still owned by the property owner must be maintained by the property owner. No one is allowed to use it without the property owners permission. By public right of way it means that if the public (the jurisdictional administration) needs to use the property for any purpose such as installing sidewalks, widening the streets installing utilities, then the adminsitrative process is simplified and you can't refuse.

As to your situation. You have to look at the situation in your particular jurisdiction. What is the public right of way to that property? What does it entitle anyone to? As a rule a driver is responsible for damage when his is the vehicle in motion. In this instance it would seem that you could force the company owner to be responsible for a number of reasons.

And more importantly, make him not only stop using your property but also restore it and keep it up. You may have a fight depending on how well connected the company owner is, but I'm certain about the strength of your position.

I or anothe attorney can help you with this matter. I would appreciate the opportunity to assist you with this or any other legal matter.

Please contact me at [email protected] to arrange an appointment.

Regards,

Roger Traversa

[email protected]

Read more
Answered on 1/28/06, 1:01 pm


Related Questions & Answers

More Traffic Law questions and answers in Pennsylvania