Suing My Apartment Complex - Do I have a case?

[bekahboo714]

What is the name of your state? North Carolina

In December, my husband was involved in a car accident here in our apartment complex. Our lease agreement clearly states that no large commercial trucks are to be parked on the property, yet the management did nothing to enforce this. In addition to this they had been allowing one particular truck to park in a "thru traffic" area where no parking is allowed (although there were no signs posted indicating such.) One morning as my husband was leaving for work his vision was blocked by sun and fog and he hit this large commercial truck parked here. Our car was totaled and he suffered minor injuries. I argued my case to the leasing office and they claimed that the lease did not stipulate anything about the parking of large commercial vehicles, which is incorrect. It clearly does. They did put a notice on the truck that it would be towed if it wasn't moved but never enforced it.

I didn't push the case at the time but recently someone told me I might have a case. This accident, which could have been prevented had our apartment office done their jobs, has cost us a lot of money and grief. Do we have a case?

[racer72]

This accident, which could have been prevented had our apartment office done their jobs, has cost us a lot of money and grief.

Your husband, the primary cause of the accident, could have done a lot more to prevent the accident. As posted many many times in these forums, the fact that something illegal or prohibited took place does not override the primary cause of negligence. If I was the truck owner, I would be coming after your husband for any damage from the accident.

[moburkes]

Originally Posted by racer72

Your husband, the primary cause of the accident, could have done a lot more to prevent the accident. As posted many many times in these forums, the fact that something illegal or prohibited took place does not override the primary cause of negligence. If I was the truck owner, I would be coming after your husband for any damage from the accident.

Yep, what he said. ESPECIALLY since your husband knew that the truck was parked there all the time. The sun and fog are not excuses for a car accident. If the weather is bad enough that you can't see to drive, then stay home, because the accident will be considered YOUR FAULT. (or your husband's, in this case).

Good luck with that law suit!

[bekahboo714]

I didn't ask for condescending remarks -- I merely asked for advice. What did I do to deserve that? But then, if you're both lawyers, why am I surprised? You're the most arrogant self-absorbed pricks on the face of the earth. You both owe me an apology but I won't be coming back to get them.

[moburkes]

Originally Posted by bekahboo714

I didn't ask for condescending remarks -- I merely asked for advice. What did I do to deserve that? But then, if you're both lawyers, why am I surprised? You're the most arrogant self-absorbed pricks on the face of the earth. You both owe me an apology but I won't be coming back to get them.

What was condescending about my post? I was being truthful with you. I was not even giving an opinion.
Your husband WAS at fault.
By your own admission, your husband knew that the vehicle regularly parked there, but he hit the vehicle anyway.
The sun and the fog are not acceptable reasons for causing an accident. Both your insurance company and the judge will tell you that, if the weather was so bad that he could not see, that he shouldn't have been driving. Call them up and ask them.

So, again, what was wrong with what I said to you?