Legal Question in Personal Injury in Texas
I live in a gated community in TX and it's considered "private property" within the gates and we have deed restrictions (no zoning and not within city limits). The deed restrictions have rules about impeding ingress and egress by parking on the street. Some people park in the street by the curb, forcing traffic around them, possibly into oncoming traffic but not completely blocking the road. One car is parking right after a curve in the road and is not immediately visible until one comes mostly around the curve (30 mph limit). If someone hits their car by accident when they come around that curve because don't happen to see them in time and perhaps cannot swerve around them, who is liable?
1 Answer from Attorneys
Normally it depends on the purpose of the deed restriction that you outlined. If the restriction's purpose was put into place because parking cars there would likely cause traffic accidents then the parked car owner would have a greater probability to be at fault.
If the restriction is put into place for aesthetic reasons - the driving car would be at fault.
It seems like the wording would be easily understood to coincide with the first scenario I described with what you have written. However, do not rely on that. Legal documents may appear easy to understand but when taken in their entirety can mean wholly the opposite.
Contact the attorney's that represent your gated community's association or a private attorney before taking actions, just to be sure. Both first consultations should be free.
Note: I am NOT a licensed attorney in Texas, I merely went to law school there. I offer this information not as legal advice but only as that information which any prudent person could publicly obtain.
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