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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3152
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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If a person is parked in a handy cap zone and is not handy

Customer Question

If a person is parked in a handy cap zone and is not handy caped and with out knowing another person tap the motorcycle before realizing its there the other person got out did his business and left. The next day the bike owner told the driver of car that the damages where 1000 or more is the driver of the car liable for damages on the bike.What I'm asking if the bike owner is breaking the law does he have any claim while illegal parked or any law breaking situation. Thank You
Submitted: 10 months ago.
Category: Legal
Expert:  Thomas Swartz replied 10 months ago.

Hello Robert,

The fact that the bike owner was illegally parked in a handicap zone does not mean he cannot bring a claim against someone who damages his vehicle. The other person still has a duty of care to a vehicle parked in an adjacent space even if that vehicle is illegally parked. The purpose of having handicapped parking zones is to provide spaces for handicapped people. Their purpose is not to relieve others from acting negligently. People still have a duty not to act negligently even to those who are parked illegally.

I hope this answers your question.