Illegally parked car factor in death of husband/father

dnlc · #1 10-10-2006, 02:13 AM

What is the name of your state? Hawaii

My husband came around a right turn late at night in an area where there are no street lights. As he came around the turn he saw a car parked on the shoulder of his side of the road (to his right) facing him with his headlights on. He thought his line of travel was to the right of the headlights, when actually his line of travel was to the left of the headlights. The owner of the parked car was actually attempting to pull another vehicle that was stuck in sand and said that his friend was standing at the front of his truck watching for on coming traffic. This seems to me to be an admission that they were causing a hazardous situation. The distance between the point where my husband was able to see the parked truck and the parked truck itself, was about 40 yards or so. In that split second my husband decided to turn right since he thought it was an oncoming vehicle. He then slid on a hillside of sand and grass and crashed into a tree and was killed. The posted speed limit was 45 mph.....speed and alcohol were factors. My question is was this parked truck parked illegally and can they be held liable. I know he would have made it home that night had that truck not been parked there. My husband left a five year old daughter and a wife that are devastated by this loss.

moburkes · #2 10-10-2006, 08:39 AM

Wow! That's horrible, what you have described. I'm not sure if the vehicle was parked illegally. Have you retained an attorney? Do you have auto and/or life insurance? How are you aware of the details of the accident?

ecmst12 · #3 10-10-2006, 09:38 AM

Quote:

Originally Posted by dnlc

...speed and alcohol were factors.

I'm sorry for your loss. I'm going to venture that the alcohol was a bigger factor then the unfortunately placed car(which may not have been illegal, as mentioned). Does the medical examiner's report mention what his BAC was?

moburkes · #4 10-10-2006, 09:41 AM

I think that I'm done for the day. I missed that too. OP are you saying that your husband was speeding AND drinking, but that if the other vehicle wasn't on the side of the road, that he would have made it home to the family and wife that he left?

You Are Guilty · #5 10-10-2006, 03:09 PM

As far as I know, only one US state recognizes "negligent parking" and Hawaii ain't it.

Betty · #6 10-10-2006, 04:55 PM

I'm sorry for the death of your husband & daughter's father. It seems you are saying your husband was speeding & drinking - they were almost certainly factors that contributed to the accident. Was it indicated how much over the 45 mph speed limit he was going? Who told you the details of the accident - it seems it was the owner of the parked car.

justalayman · #7 10-10-2006, 07:01 PM

Quote:

Originally Posted by You Are Guilty

As far as I know, only one US state recognizes "negligent parking" and Hawaii ain't it.

Do tell which state it is. That topic has been a fun one on the forum before and I would really like to know which state actually takes that into comsideration.

ecmst12 · #8 10-10-2006, 09:48 PM

And of course, a car pulled over on the side of the road or shoulder isn't generally deemed to be illegally parked, either.

dnlc · #9 10-11-2006, 04:44 AM

Yes, I believe and everyone that has seen the police report and knows my husband believes that he would have made it home that night if that vehicle was not parked there. His blood alcohol was .10 and the report does not say how fast he was going, just what witnesses believe. The witnesses were people that were parked there at 1:15 am. There is a drag factor to measure the speed, but I'm not quite sure what 0.75 means. He turned right soon after coming out of the right turn and seeing the headlights. The police report says: "Other Factor: There was a vehicle parked on the shoulder of the road. This other vehicle was parked just South West of the scene. The vehicle had its headlights on facing toward unit 1's approach. Seeing the headlights, could have lead Mr. ----- to think that his lane of travel was to the right of the headlights and so he steered to the right. His lane of travel was actually to the left of the headlights." My husband had about 3 seconds once he got onto the sandy/grassy hillside surrounded to the right by trees before he crashed into a tree.....he was a skilled driver (sponsored at one point), he may have even had the choice to stay on path to hit the tree or correct to the left and risk crashing into the vehicle with people standing there that was what he was trying to avoid in the first place. If he had the choice, he would have never chosen to correct. I have driven that road at night around that right turn and pictured a car facing me with headlights on, it was a split second decision......the tree with the cross on it is there in no time. When something is in your path, which direction would you turn? He did brake but the vehicle was not far from the turn and he may have felt as though he would have crashed into him had he not turned. I guess you really need to imagine it, come out of a right turn on a road with no street lights even at the speed limit of 45 and there's a car in front of you facing you with headlights and you have half a second....what would you do?

moburkes · #10 10-11-2006, 08:09 AM

Op, this is simply a sad situation for you and your child. However, with an over-the-legal-limit of alcohol in his system, his reflexes were slower than normal. Had he not been drinking (and possibly speeding), he might have had a better chance of sruvival. From the looks of it though, he was at fault. If any percentage of fault falls on the person who was driving the vehicle that was on the side of the road, it would only reduce the amount of damages that THEY receive, not pay any damages to your family.

ecmst12 · #11 10-11-2006, 08:47 AM

Was this a road he'd never driven on before? Even with no street lights, if he was familiar with the road he should have been able to tell where the road was regardless of anyone parked on the side of the road. Not just his reflexes but his judgement and perception were altered by the alcohol and this would be the major factor in his inability to discern where the road was supposed to be.

dnlc · #12 10-16-2006, 03:14 AM

He was coming out of the right turn and did not expect the vehicle to be there. It was not far from the turn. I have since heard of another case very similiar...car parked on the street side facing oncoming traffic at night with their lights facing oncoming traffic. In my husband's case he did not hit them, instead he avoided them, he reacted quickly...he had a split second to react....the car was right there. In the case that I just found out about.....the driver coming around the right turn had not been drinking or speeding, but came out of the turn, there was the car on his side facing him lights on and he crashed directly into the car that was parked.....both parties were killed. And my husband did not crash into the parked car, he avoided him and crashed into a tree.....I don't see how the party of the parked car who received no injuries, (who in fact admitted in the police report that they knew they were causing a dangerous situation) would receive ANY damages..... Can you please explain that to me?

moburkes · #13 10-16-2006, 08:07 AM

I'm not saying that they WOULD receive any damages. I'm simply saying that your husband was legally drunk. You said that he was probably speeding. An attorney stated that your state does NOT recognize negligent parking. If your husband was NOT speeding and was NOT drunk, then maybe he would have had the opportunity to correct himself without hitting the tree. We will never know.

However, your original question was if the driveres of the parked car could be held legally liable for your husband's crash/death. In response to that, I am saying that your husband was at fault in an accident in which he was drunk and speeding. IF the other party is held liable at all, it will be for a %. For example, let's say that the other party is determined to be 15% at fault. That means that your husband was 85% at fault. Which means that you and your daughter will not receive any portion of any payments (if they had been injured, or their vehicle had been damaged). It simply means that, had they received a payment for damages from your insurance company, then it would be reduced by 15%, NOT that you all would receive any CASH from their insurance company.

Only an irresponsible person would state that a person who was DRUNK and SPEEDING would have made it home if it wasn't for the vehicle on the other side of the road. Also, if he knew the road SO well, because he had travelled it many times, and because he was as skilled of a driver that you say he was, his eyes could have been closed, and he STILL should have been able to navigate that turn, right?

Don't get me wrong. I'm very sorry that you lost your husband. But, I don't see anywhere in your posts where you acknowlege that (besides the statement that speed and alcohol were factors) your husband was liable. How liable is the party that was parked on the side of the road (considering that you were told that your state does not recognize negligent parking)? How liable is your husband?

dnlc · #14 09-24-2007, 12:59 AM

My husband was wrong in drinking and driving. That is not something I have ever denied. The really tough part to accept is that I know that if that car had not been parked there, he would have made it home.

New info came about that at least one other vehicle almost lost control around that turn because of the car being parked there. That was the reason the guy parked there had his friend stand next to the road to watch for traffic...they had a near accident just before my husband's accident.

The other reason I decided to return to post a message was that there was another similar accident in another town where the driver actually crashed into the vehicle that was parked on her side facing her with their headlights on at around 10pm. The driver of the car coming around a bend at a estimated speed of 40 miles per hour was not intoxicated. The family of the person that was parked is now suing the poor woman driver because the person that was parked there just sitting there on the side of the road (in my husband's case the car was on his road shoulder) was killed. The article mentioned that the woman said she "thought the car was an oncoming vehicle".

My personal injury attorney is listed in the book, America's Best Attorneys. He is a very tough trial attorney...brutal....even in my meetings with him. Although there were different people that were factors in my husband's accident, including my husband's alcohol level, my attorney did understand and accept that I know my husband better than anyone.....he "got it" when I told him that I know in my heart that had that car not been parked there, that he would have made it home.

I have never cared about receiving money from this whole deal. I don't need it.....I'm actually pretty wealthy. I would also very gladly give it all up....everything I have to change what happened. Obviously I cannot change the past.....The guy obviously knew that being parked there was a traffic hazard. He even admitted it in the police report. I know there is nothing I can do, but live with the fact that other people made horrible mistakes that has really affected my daugher and myself for the rest of our lives.

msiron · #15 09-24-2007, 08:07 AM

Quote:

The really tough part to accept is that I know that if that car had not been parked there, he would have made it home.

You DON'T know that! It's doubtful this was his first time driving under the influence.