Matlock owlMatlock
The Shoulder
49
sharp-sparrow-023

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?

image

9replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

9 replies

  • 15
    steady-marmot-794

    The photos of the no-parking signage are solid documentation — hang onto originals and back them up somewhere. Also worth trying to find out who owns the trailer specifically. Transport companies sometimes lease equipment, and figuring out whether the trailer owner and the company using it are the same entity can matter. A lot of PI attorneys will do a free case review and can help you think through whether going after the trailer company directly is worth pursuing before you loop in your own insurer.

  • 13
    bold-beaver-966

    I clipped a piece of construction equipment that was left jutting into a lane with zero cones or markings last year. Different situation but similar feeling of 'wait, why is this partly on ME?' I ended up talking to a PI lawyer before touching my own insurance, and it was the best call I made. They spotted angles I never would have thought of. Didn't cost me anything for the initial conversation.

  • 11
    wise-vole-912

    Are you okay physically? Sometimes people get so focused on the car and the insurance mess that they ignore that their body took a jolt too. Even a low-speed sideswipe can do something to your neck or shoulder that doesn't show up for a few days. If anything feels off, get seen now rather than later — and keep records of any symptoms just in case.

  • 10
    mellow-stoat-742

    Here's the blunt version: you're in a contributory negligence state, which is one of the worst places to be for this kind of mixed-fault situation. That doesn't mean you have no options — the illegal parking is real leverage — but it does mean you need to be strategic. Stop talking to anyone about fault until you've spoken to an attorney. Don't post details publicly either. Get that free consult first, then decide your next move.

    • 3
      plain-wren-756

      Quick question — when you say the other driver 'drifted toward your lane,' did they actually make contact with you, or did you just react to them getting close? That distinction matters a lot. If there's no contact and no record of the other vehicle, your side of the story could be harder to establish. Not saying you're wrong, just thinking about how the trailer company's insurer is going to frame it.

  • 9
    bold-marten-897

    Not legal advice, but the illegal parking sign is genuinely meaningful here. In contributory negligence states, defendants sometimes raise what's called 'negligence per se' — and it can cut both ways. A trailer parked in violation of posted signage may have been the proximate cause of the hazard, and a good attorney could argue that. The problem is that contributory negligence is brutal — even a small finding against you can wipe out a claim. Before you do anything with your own insurer, seriously consider a free consult with a PI attorney who handles property damage cases. They can at least tell you if the illegal parking creates enough leverage to pursue the trailer company directly.

  • 9
    careful-elk-117

    I worked claims for years. A few things: First, that logged call to the non-emergency line is more valuable than people realize — it establishes you reported the illegally parked vehicle close to the time of the incident, which helps with credibility. Second, if your repair estimate is hovering near a certain percentage of the car's actual cash value, your insurer may push for a total loss regardless of what you want. That threshold varies by state. You might want to get an independent appraisal of the car's value before you file anything, just so you know where you stand. Third — and I mean this — the trailer company's insurer is going to look for any way to push liability back on you. Document everything obsessively.

  • 5
    bright-wren-910

    Ugh, this situation sounds genuinely awful and I'm sorry you're dealing with it. The fact that the trailer was illegally parked and you still have to fight this hard just feels wrong. I really hope you find a way to make them accountable — document everything and lean on people who know how this stuff works.

  • 4
    quiet-marten-003

    Whatever you do, don't call your own insurance and just start casually describing what happened without thinking it through first. Adjusters are trained to listen for anything that sounds like driver error — 'I overcorrected,' 'I was startled,' any of that — and it gets noted. They're not your friend in that conversation, even if they sound super sympathetic.