What do I do if for 2 months construction workers have parked in the alley behind my house and right in front of my garage and now this caused me to have an accident?

I have called the police 4 times, and filed online reports, the site supervisor was aware of the issue and said it wouldn’t continue. There is also a dumpster for their trash hanging over the street behind my garage, and the alley has 6 no parking signs. The other day I attempted to get out of my garage again but while trying to avoid another illegally parked construction truck, I hit the dumpster with my car. The owner of the truck was completely rude to me and I was in tears for over an hour as I told my father and husband what happened. My 2 year old was with me. I have a lot of photos.

Asked on July 2, 2014 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may be able to sue them for the cost to repair  your car, if the way they were parked was not just illegal but also unreasonably dangerous (such as due to how it blocked off the alley or your garage, or blocked sight lines) and you can show that was due to that unreasonably dangerous condition that you had the accident. You can only recover the cost to repair your car, plus other out-of-pocket costs directly caused by the accident (e.g. towing cost, if any, if your car had to be towed to the shop; an emergency room co-pay, if you or your child had be checked out to make sure you were ok; etc.). You cannot recover for your stress or emotional upset--the law does not provide compensation for that in cases like this.


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