Illegally parked caused my accident

In Illinois, I was driving Eastbound on a road that was dividing. Two lanes split into two Eastbound, and two Southbound. Previous to the Southbound curve (which ramps up to a bridge over I90) a Ford F-350 was stationary in the first merge lane (far right) without flashers or brake lights deployed. By stationary, I mean, not moving, in a 35MPH curve. This road I have driven consistently at 6am in the same direction, and a stoplight immediately follows the curve, upon which one can see if traffic is stopped at this light from nearly 250ft before the merge lanes begin. All this at 1100 East Touhy Court, Des Plaines, IL 60018.

I entered the first merge lane to the right, and within 50 feet of entering, I saw this F-350 and yanked the wheel to the left to get away from collision. Unfortunately, I crashed into their driver's side rear end and totaled my car. I received a ticket for improper lane usage, and am at fault for this accident apparently. I do not see it this way. I think the truck was illegally parked in a major roadway, and their ignorance was my misfortune.

Their truck suffered (estimated by their mechanic) over $3600 in damage, whereas my car is totaled. Their driver said they were waiting for the light to change (which would shout brake lights to me) but there were none warning me. Also, immediately following the accident, not more than five seconds after checking to see if all my limbs were intact, I climbed out the passenger window, and onto the street. All three of the occupants (Two Latin, one African-American, only one spoke English) of the truck were standing on the sidewalk, approximately 8-10 feet away from the truck. This all was noticed within the first twenty seconds after the accident. Within a minute, I asked for a phone and called Emergency. Something for me doesn't add up.

Do I have a case?

You have no case. You hit a stopped vehicle.

Stevef said:

You have no case. You hit a stopped vehicle.

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No, the OP didn't. The OP swerved to avoid a stopped vehicle because s/he was traveling too fast to stop in the distance afforded by his/her line of sight.

ETA: Of course, the OP is still liable...

the lack of lights does not remove your liability. They were already stopped. You hit them, your fault.

A Stopped Vehicle?

Isn't stopping in the main merge lane of a major road something illegal? Am I not getting the point?

I do agree I am at fault for hitting them, as the line of sight should have included their big ass truck in the first lane, however it did not. Their being stopped, being immobile, not having any form of caution as to their intention should have some form of retribution. I will deal with my car, their damages, the inconvenience, however, they are in the wrong for not following the rules of the road. I can do some research and pull an article and point to support this if necessary.

Do I have anything (results of accident aside and considered) as a cause of this accident, a defense as to why and how? I feel I am not wrong. I do also feel that this might be one of those Allstate moments where the driver stops and the following driver rear ends them.

Something wrong with that malicious intent.

Yes, you are not getting the point that you hit a not moving vehicle.

that makes it your fault, because you hit it.


doesn't matter where it was, or why it was there or how long it had been there. legal, illegal, parked, disabled, standing, citizen, alien, UFO, cow, fence or bale of hay. you hit it, your fault.

i say keep yelling at the walls and maybe someone will give a parking ticket to the other vehicle. That's the most they will get for this hole thing

Hole9yard said:

i say keep yelling at the walls and maybe someone will give a parking ticket to the other vehicle. That's the most they will get for this hole thing

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Why would a vehicle stopped at the signal waiting for it to turn green get a parking ticket?

builderbob9791 said:

Isn't stopping in the main merge lane of a major road something illegal? Am I not getting the point?

.

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I guess not. You did post this previously:

. Their driver said they were waiting for the light to change (which would shout brake lights to me) but there were none warning me.

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So, are all cars waiting for a light to turn green illlegally parked?

as to the stop lights; One of my personal vehicles has a manual transmission. I often set at a light without my brakes activated. I use clutch modulation to maintain my position, especially when the light is about to turn green. Therefore, you would not see brake lights on my vehicle either.

Brake lights are intended to warn a person of a stopping action so you will not be surprised when the vehicle begins to slow. The truck was already stopped. The only warning you should have needed is there was obviously some huge obstruction in front of you that you should not have run into.

Fair enough. I lose. My fault. Admitting defeat. Crisis averted. Thanks, and goodnight.