From crowded commercial blocks to residential streets, double-parking is a daily reality in New York. While it is a minor inconvenience in most cases, there are instances where a double-parked car can create a dangerous situation. When a double-parked vehicle is involved in an accident, proving fault is not as straightforward as you might think. In this post, the team at Alex Yadgarov & Associates will step into the shoes of your Queens car accident lawyer and explain the things you need to know about double-parked car accidents in NYC.
Double-Parking Laws in NYC
Double-parking occurs when you park parallel to a legally parked vehicle, where you effectively create a second row of parked vehicles that can block a travel path. In NYC, double parking is illegal at all times for passenger vehicles, irrespective of its location, purpose, or duration. If caught, you will be forced to pay a fine of around $115, and in some cases, the vehicle may be towed away. However, NYC 311 allows commercial vehicles to stop or double-park up to 20 minutes for the purpose of loading/unloading goods if there is no curb space available within 100 feet.
How Does Double-Parking Create Dangerous Situations?
When you double-park, you effectively block the path of moving traffic. By doing so, you disrupt the flow of traffic, reduce driver visibility, and reduce space for passing vehicles. It can create or contribute to creating a dangerous situation, which can put drivers, cyclists, and pedestrians at risk.
Can You Still Be Liable Even If You Weren’t Present?
In New York, you cannot escape liability on the grounds that you weren’t present in your vehicle at the time of the accident. The fact is, you’ve created a dangerous situation, and you will most likely be held responsible if the dangerous situation caused or contributed to the accident. If the other driver involved in the accident is also at fault, then the liability may be shared between the two parties.
Can Drivers Share Fault in Double-Parked Accidents?
Yes, depending on the facts of the case, the court may determine that more than one party is to be held liable for the accident. In New York, the fault can be divided among multiple parties under the pure comparative negligence rule. Under this rule, when a person is deemed partially liable for an accident, then any compensation they receive must be reduced to reflect the extent of their fault in the accident.
For example, if party A, who has double-parked their vehicle in a busy lane, collides with party B, who was speeding down the lane, both parties may be held partially responsible for the accident. If A is held 60% responsible for the accident, their compensation will be reduced by 60%.
Conclusion
While a double-parked vehicle can seem like a minor inconvenience, there are times where it can create a dangerous situation. When an accident occurs connected to a double-parked vehicle, you need to have a good understanding of your rights and liabilities to protect your rights and ability to claim compensation. If you’re looking for an experienced Brooklyn car accident lawyer to guide you through the insurance and legal process, then Alex Yadgarov & Associates can help. Contact us today and schedule your free consultation.