If I was riding my bicycle and had an accident with a semi-trailer that was parked on the road, should I file against trailer owner for my medical bills?
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If I was riding my bicycle and had an accident with a semi-trailer that was parked on the road, should I file against trailer owner for my medical bills?
Asked on August 18, 2014 under Personal Injury, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You write that the semi-trailer was parked; therefore, it was not moving, correct? If you hit a parked vehicle, it would seem to be, except in very unusual circumstances, your fault (i.e. you were careless or negligent), not the parked vehicle's fault--you had an accident involving a stationary object. If it was your fault, then the trailer's owner would not be liable, or responsible, for your injuries and bills; liability in cases like this depends on fault, and the person in motion almost always is at fault, compared to the stationary or parked party.
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