What happens if an unreasonably parked vehicle causes auto accidents in Michigan? This article once again talks about the legalities related to unreasonably parked cars.
Legal Provisions
The following are the legal provisions related to unreasonably parked vehicles, such as:
MCL 500.3106(1) Unreasonably Parked Vehicles
(1) “Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following occur:.”
(a) “The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred.”
(b) Except as covered by workers’ compensation, “the injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used, or property being lifted onto or lowered from the vehicle in the loading or unloading process.”
(c) Except as covered by workers’ compensation, “the injury was sustained by a person while occupying, entering into, or alighting from the vehicle.”
MCL 500.3106(2) Course of Employment Parked Vehicles
(2) “Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle” if benefits are available under workers’ compensation to an employee who suffers an injury during his employment while doing either:
(a) “Loading, unloading, or doing mechanical work on a vehicle unless the injury arose from the use or operation of another vehicle. . . ‘[A]nother vehicle’ does not include a motor vehicle being loaded on, unloaded from, or secured to, as cargo or freight, a motor vehicle.”
(b) “Entering into or alighting from the vehicle unless the injury was sustained while entering into or alighting from the vehicle immediately after the vehicle became disabled. This subdivision shall not apply if the injury arose from the use or operation of another vehicle.”
Circumstances and Scenarios
If an unreasonably parked vehicle causes an accident, the driver of the parked vehicle could be held liable for any damages that result from the accident. This could include property damage to other vehicles and injuries sustained by other drivers or passengers involved in the accident.
Michigan’s no-fault auto insurance system requires that drivers carry Personal Injury Protection (PIP) coverage, which benefits injured drivers regardless of who is at fault for the accident. However, if a driver is found to have been unreasonably parked at the time of the accident, they may be responsible for covering any damages or injuries that exceed their PIP coverage limits.
Additionally, Michigan law allows for comparative negligence in personal injury cases, which means that if both parties involved in an accident were partially at fault, damages might be apportioned according to each party’s degree of responsibility. If a driver is found to have been unreasonably parked at the time of the accident, they may be found partially at fault for any resulting damages or injuries and may be required to pay a portion of those damages.
In some cases, law enforcement officers may issue citations or fines to drivers who park their vehicles in an unsafe or unreasonable manner. For example, parking in a fire lane or blocking a handicapped ramp can result in fines and other penalties. However, even if no citation is issued, a driver who unreasonably parks their vehicle could still be held liable for any accidents that result.
What is considered an unreasonably parked vehicle in Michigan?
An unreasonably parked vehicle is one that is parked in a location that obstructs the flow of traffic, blocks a fire hydrant or emergency exit, or impedes the view of drivers. Examples of unreasonable parking include parking in a no-parking zone, double parking, parking too close to an intersection, or parking in a way that forces other drivers to swerve or take evasive action to avoid a collision.
What happens if an unreasonably parked vehicle causes an accident?
If an unreasonably parked vehicle causes an accident, the driver who parked the vehicle may be held liable for any damages or injuries that result from the accident. Liability in this situation would be based on the legal principle of negligence, which requires the injured party to prove that the other driver breached a duty of care owed to them and that the breach caused their damages.
In Michigan, drivers are required to exercise reasonable care when driving and to obey traffic laws and regulations. This duty of care extends to parking as well. If a driver parks their vehicle in a way that breaches this duty of care and causes an accident, they may be held liable for any resulting damages.
What are the consequences of an unreasonably parked vehicle causing an accident?
The consequences of an unreasonably parked vehicle causing an accident can vary depending on the severity of the accident and the damages or injuries that result. In general, the driver who parked the vehicle may be held liable for any property damage, medical expenses, lost wages, and pain and suffering that the injured party incurs as a result of the accident.
In addition to these civil consequences, the driver who parked the vehicle may also face criminal charges if their actions were particularly egregious. For example, if a driver parks their vehicle in a way that blocks an emergency vehicle from responding to an emergency and someone is injured or dies. As a result, the driver may be charged with a misdemeanor or felony offense.
What should you do if you are involved in an accident caused by an unreasonably parked vehicle?
If you are involved in an accident caused by an unreasonably parked vehicle, you should take the following steps:
- Call 911 and report the accident to the police.
- Document the scene of the accident by taking photos and exchanging contact and insurance information with the other driver.
- Seek medical attention for any injuries you may have sustained.
- Contact your insurance company and report the accident.
- Consult with an experienced personal injury attorney to determine your legal options for recovering compensation for your damages.
In conclusion, an unreasonably parked vehicle can cause serious accidents that result in property damage, injuries, or even fatalities. If you are involved in an accident caused by an unreasonably parked vehicle, it is important to take the appropriate steps to protect your legal rights and seek compensation for your damages. Remember to exercise caution when parking your vehicle and always obey traffic laws and regulations to prevent accidents from occurring in the first place.
Get Proper Coverage
In case of doubt, keep in mind that it is your no-fault insurance provider who will ultimately pay for your medical bills. As long as you get unlimited or no-limit coverage, you should be properly covered at a time when you need the best kind of coverage for your health and safety.
Contact Your Lawyer Today
If you have an insurance claim that you need assistance with, you should contact us today. A lawyer can help you get started with your claim. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice, and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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