Sideswiped a trailer parked illegally — can the company be held responsible at all?
So this has been eating at me for two weeks and I finally need to hear from people who've dealt with something similar.
I was driving on a surface street near an industrial area when another driver kind of drifted toward my lane and startled me. I overcorrected slightly and clipped the rear end of a flatbed trailer that was parked along the curb. No warning, no reflectors I could see, just this dark metal edge sticking out past the truck bed. The thing blended almost perfectly into the shadows — I honestly didn't register it until I heard the crunch.
The damage is pretty significant. Passenger side mirror gone, a deep crease running along the rear door and quarter panel, and some trim that basically shredded. Body shop I trust put together an estimate that made my stomach drop. The car isn't new but it's mine and I've kept it immaculate.
Here's where it gets complicated: the spot where that trailer was parked has signage explicitly prohibiting commercial vehicle parking. I photographed everything on the scene — signs, trailer position, the whole thing. I also called the non-emergency line and while they wouldn't dispatch anyone, the call is logged.
The part that's really messing with me is that I live in a contributory negligence state. From what I've read, if I'm found even a tiny bit at fault, I could walk away with nothing from the trailer company. But the trailer WAS illegally parked. That has to count for something, right?
I'm also worried about what happens if I file through my own insurance — whether a high repair estimate pushes them toward totaling it, and then I'm stuck without enough to replace what I have.
Has anyone navigated something like this? Do I have any real leverage against the company that owns the trailer?
