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Old 3rd November 2013, 07:05 PM   #1 (permalink)
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Knock into illegally parked stationary vehicle

Have a friend who crashed his vehicle into another vehicle which was stopped illegally along double-yellow lines. He fell asleep at the wheel. Yes, I know that he is certainly at fault. But the question is, will the other driver have to bear some responsibility as well for stopping where he should not stop? If so, does it mean that the damages can be shared across both parties?

Anyone has such experience?

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Old 3rd November 2013, 07:38 PM   #2 (permalink)
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Re: Knock into illegally parked stationary vehicle

I guess he could claim contributory negligence under Tort.

Disclaimer, this is coming from someone who has a very shallow knowledge of law.

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Old 3rd November 2013, 08:17 PM   #3 (permalink)
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Re: Knock into illegally parked stationary vehicle

It'll be up to the insurance company to decide who is at fault. Most likely the guy who parked illegally would not be at fault. He may get a fine for that, but the accident is not his responsibility. It seems that he would be claiming from your friend instead.

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Old 6th November 2013, 09:27 AM   #4 (permalink)
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Re: Knock into illegally parked stationary vehicle

Originally Posted by maverick View Post
Have a friend who crashed his vehicle into another vehicle which was stopped illegally along double-yellow lines. He fell asleep at the wheel. Yes, I know that he is certainly at fault. But the question is, will the other driver have to bear some responsibility as well for stopping where he should not stop? If so, does it mean that the damages can be shared across both parties?
Anyone has such experience?
Actually, double yellow lines means CAN stop to wait a while but only thing cannot park. (Ziz zag double yellow then means cannot stop at all and single zig zag yellow means cannot wait). That being the case, I think your friend he a very weak case, better just pay up n get some sleep since the opposite party can always say he was waiting or something like that, of course, there is nothing stopping your friend from hiring a lawyer to get his point across.

Rgds n good luck.

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Last edited by BicCherry; 6th November 2013 at 02:52 PM.
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