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wrongfully sued

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melvin

Junior Member
What is the name of your state (only U.S. law)? connecticut
My stepdaughter had an accident about six months ago, she rearended a parked car to avoid a head on with another car, she had both her with her. The paramedics were called and they were more concerned with my steddaughter and grandkids than they were with the other vehicle, no one was injured. I do also believe that the car that was parked on the street was in a no parking zone which was not marked. If I can show that this is a no parking zone can I go back on the city for this lawsuit.
 


justalayman

Senior Member
for what? How would the city be liable for any of this? Your child hit the parked car (always a bad sign). If anything, if the accident wasn't her fault, she would have a claim against the person that caused the accident but as it stands, I see no reason the city would have any liability.
 

Trickster

Member
Monell v. Department of Soc. Svcs., 436 U.S. 658 (1978)MONELL V. DEPARTMENT OF SOC. SVCS., 436 U. S. 658 :: Volume 436 :: 1978 :: Full Text :: US Supreme Court Cases from Justia & Oyez

Here is a link directing you on how the supreme court applies the liability standard upon a municipality. If the city does not have a "policy, custom or usage" allowing for what happened to cause you damages, then the city is immune from lawsuit. In other words, there is much truth in that saying, "you can't sue city hall". However, the owner of the apparently "illegally parked" vehicle may possibly be sued as a contributor to the accident. Had the car not been illegally parked there, when you swerved to avoid a head-on collision you would have never hit that parked car because it would not had been there to hit. But in no way is it a city policy to allow cars to be parked illegally, therefore the city cannot be held liable. You can read the above link for a better understanding. Perhaps get a copy of all accident reports, etc. and try to find out if the illegally parked car owner can be held liable, in part.
 

ecmst12

Senior Member
The car was PARKED. Doesn't matter if it was supposed to be parked there or not, the driver of a moving car has the absolute duty to SEE and AVOID all stationary objects.
 

justalayman

Senior Member
The car was PARKED. Doesn't matter if it was supposed to be parked there or not, the driver of a moving car has the absolute duty to SEE and AVOID all stationary objects.
the only possibility I can see that might relieve the OP of some (or all maybe) liability is the head on collision situation. It may shuffle the liability onto the other driver if they were the cause of the action.
 

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