Legal Assistance for Liability after a Car Accident

Questioner

I was driving one evening (dark) on a single-lane road. It was raining and an oncoming car was coming from the other side. I went as far to the right as possible with my car so that we could pass each other. Suddenly there was a parked car on the road on the right. 1/3 in the verge and 2/3 on the road. This car was completely black and had no lights on. I hit the parked car with my right front side of the car, the parked car on the left rear, at the moment of the collision I try to swerve a little to the left and hit the oncoming car. I think that the parked car endangered other road users and is also guilty of the damage, but I am found guilty by the insurance company. I was not driving too fast and was not under the influence of alcohol. I do not agree with this. What to do?

Lawyer

I assume that you are at least 100% liable for the damage caused by the oncoming car. The owner of the parked car is liable if there is a priority road outside the built-up area. In that case, there is a ban on parking on the roadway. In addition, there may also be a parking ban in place if this is indicated by traffic signs. So much for liability based on applicable traffic regulations. Depending on the circumstances of the case, the owner could also be liable on the grounds of unlawful endangerment. After all, the owner could have chosen to leave the parking lights of his poorly visible vehicle on. I advise you not to simply accept the insurer's position and to seek advice from a lawyer who specializes in liability law. If desired, you can contact me via this website.