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Who’s at Fault if You Got Hit by a Vehicle While Getting Out of Your Car?


There is always the risk of being hit by another car, even if you are sitting in your parked vehicle or are getting out of your car. Unfortunately, not all motorists are careful when driving close to parked cars or vehicles stopped on the shoulder of the road.

Regardless of whether the driver who hit your parked vehicle remained on the scene or fled, it is best to call the police and contact a car accident attorney. Also, you should seek medical attention if you were inside the parked vehicle or the other driver hit you upon exiting your car, even if you feel completely fine.

Struck by a Vehicle While Getting Out of Your Car

The dangers of being hit by another car while getting out of your vehicle were evident in a recent accident in Nashville. As reported by FOX 17, a 20-year-old man of Nashville was killed on Interstate 24 when he was struck by a vehicle upon exiting his car.

Prior to the deadly collision, the man lost control of his vehicle and had to stop in the third lane. He got out to inspect his car but was struck by another motorist who was traveling in the same direction.

Who’s at Fault When Someone Hits Your Parked Car?

Typically, the driver who hits a parked car or a driver/passenger exiting a vehicle is at fault for causing the accident. Tennessee is an at-fault auto insurance state, which means you will need to file an insurance claim against the at-fault driver’s insurer to recover damages for your personal injury or property damages.

It is best to be represented by an experienced personal injury attorney in Nashville when seeking compensation from the at-fault motorist as you will have to present sufficient evidence proving the driver’s fault.

Does the Location of the Parked Vehicle Matter?

Yes, the location where your car was parked at the time of the collision will matter when establishing fault in a crash with a moving vehicle. However, generally, as long as your vehicle was parked legally and did not obstruct the normal flow of traffic, you do not need to worry about the location.

If your vehicle was parked illegally, on the other hand, things could get a little too complicated. The other driver is likely to argue that they could not have reasonably seen the parked vehicle or a person exiting the car due to the improper positioning of the parked vehicle.

Generally, when the location of the parked vehicle does not impact its visibility, the owner of the parked car cannot be held partially at fault for causing the collision. After all, when you lose control of your vehicle and have to stop your vehicle, you may not have the opportunity to park your vehicle legally during an emergency stop.

It is best to schedule a consultation with a Nashville car accident lawyer in order to establish fault in your particular case. Contact Calhoun Law, PLC, to determine liability in your situation. Call at 615-375-4773 or fill out our contact form.


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