Determining fault in car accidents can be complex, especially when the incident involves a parked vehicle. Generally, the driver of the moving vehicle is typically considered responsible for hitting a stationary object, including a parked car. Drivers are expected to maintain control of their vehicles and avoid collisions. However, the situation becomes less clear-cut when the parked car is illegally parked. This article delves into the nuances of liability when you hit an illegally parked car, exploring how fault is determined and what factors can influence who is responsible.
Understanding Primary Liability: The General Rule
In most car accident scenarios involving parked cars, the responsibility falls squarely on the moving driver. The legal expectation is that drivers should be attentive and capable of maneuvering their vehicles to prevent accidents. This principle holds true even in challenging environments like busy parking lots or congested streets. The reasoning is straightforward: drivers have a duty of care to operate their vehicles safely and avoid hitting obstacles, parked or otherwise.
However, this general rule begins to shift when the parked vehicle is not legally parked. An illegally parked car introduces a new layer of complexity to the liability assessment.
When Illegal Parking Changes the Game: Shared Liability
The picture of responsibility changes significantly when the parked car is illegally positioned. An illegally parked vehicle can create a hazard, obstructing visibility, blocking traffic flow, or forcing other drivers to make unexpected maneuvers. In such cases, the owner of the illegally parked car may share in the liability for any resulting accident.
Consider these examples of illegal parking scenarios that could contribute to an accident:
- Parking in a No-Parking Zone: Clearly marked no-parking zones are established for safety reasons. Parking in these areas can obstruct sightlines or impede emergency vehicle access.
- Blocking a Fire Hydrant or Fire Lane: Parking too close to a fire hydrant or in a designated fire lane is not only illegal but also poses a significant safety risk. It can delay emergency response times.
- Parking in a Crosswalk or Sidewalk: Blocking pedestrian walkways forces pedestrians into the street, increasing the risk of accidents.
- Parking in an Intersection: Parking at or too close to an intersection can severely limit visibility for drivers making turns, creating a dangerous situation.
- Double Parking: Parking alongside another parked car (double parking) obstructs traffic flow and can force drivers to swerve into oncoming lanes.
Woman evaluating the damage in her car
In situations where illegal parking is a contributing factor to an accident, legal systems often employ the concept of comparative negligence or comparative fault. This legal principle acknowledges that more than one party can be at fault in an accident, and liability can be divided proportionally based on the degree of fault of each party.
For instance, in Nebraska, which operates under a comparative negligence system, if a court finds that an illegally parked car contributed to an accident, the fault might be split between the driver who hit the car and the owner of the illegally parked vehicle. The percentage of fault assigned to each party directly impacts the amount of damages they may be responsible for.
How Comparative Fault Works in Illegally Parked Car Accidents
Comparative fault doesn’t automatically absolve the moving driver of responsibility. Drivers still have a duty to exercise reasonable care and caution while driving, which includes being aware of their surroundings and avoiding obstacles, even those that shouldn’t be there. However, comparative fault recognizes that the illegally parked car created a hazardous condition that contributed to the accident.
Here’s how it typically works:
- Determining Negligence: An investigation will assess the actions of both the moving driver and the parked car owner. Was the parked car indeed illegally parked? Was the moving driver driving with due care and attention?
- Assigning Percentages of Fault: Based on the evidence, each party is assigned a percentage of fault for the accident. For example, a court might determine the moving driver is 70% at fault for failing to avoid the collision, while the illegally parked car owner is 30% at fault for creating the hazard.
- Calculating Damages: Damages (costs of repairs, medical bills, etc.) are then divided according to the assigned percentages of fault. In the example above, if total damages are $10,000, the owner of the illegally parked car might be responsible for $3,000 (30%), and the moving driver (or their insurance) for $7,000 (70%).
Steps to Take If You Hit a Car Parked Illegally
Even if you believe the other car was illegally parked, it is crucial to take the proper steps after an accident to protect yourself legally and financially:
- Stop and Remain at the Scene: Leaving the scene of an accident, even a minor one, can lead to serious legal consequences, including hit-and-run charges.
- Document the Scene Thoroughly: Gather evidence to support your claim that the other car was illegally parked and that this contributed to the accident.
- Take Photos and Videos: Capture images of the damage to both vehicles, the position of the parked car, parking signs or lack thereof, street markings, and the overall surroundings. Note any factors that obstructed your view or contributed to the accident.
- Look for Witnesses: If anyone witnessed the accident, get their contact information. Witness statements can be valuable in establishing the sequence of events and the parking situation.
- Exchange Information: Exchange contact and insurance information with the owner of the parked car if they are present. If not, and it’s safe to do so, leave a note with your contact details on their vehicle.
- Notify the Police: Depending on the severity of the accident and local regulations, you may need to call the police to file an official accident report. A police report can be a crucial piece of evidence in insurance claims and legal proceedings.
- Contact Your Insurance Company Immediately: Report the accident to your insurance provider as soon as possible. Provide them with all the documentation you have gathered, including photos, witness information, and any police report.
Insurance Claims and Illegally Parked Car Accidents
Insurance companies will conduct their own investigations to determine fault in accidents involving illegally parked cars. They will consider police reports, photos, witness statements, and policy details to assess liability.
- Filing a Claim: You will need to file a claim with your insurance company to cover damages to your vehicle, regardless of who is ultimately deemed at fault. Provide all the evidence you have collected to support your claim.
- Impact on Insurance Rates: Even if the other car was illegally parked, your insurance rates could still be affected, especially if you are assigned some percentage of fault. The degree to which your rates increase will depend on your insurance policy, the severity of the accident, and the fault determination.
When Legal Assistance is Necessary
Navigating liability and insurance claims in accidents involving illegally parked cars can be complex. It’s often wise to seek legal counsel in these situations, especially if:
- There is a Dispute Over Fault: If the other driver or their insurance company is disputing your account of events or attempting to place full blame on you, a car accident lawyer can advocate for your rights and ensure a fair assessment of fault.
- You’ve Suffered Significant Damages or Injuries: If the accident resulted in substantial vehicle damage or, more importantly, personal injuries, legal representation is crucial to protect your interests and pursue appropriate compensation.
- Dealing with Insurance is Challenging: Insurance companies may sometimes try to minimize payouts or deny claims. A lawyer can negotiate with insurance adjusters on your behalf and fight for a fair settlement.
FAQ: Illegally Parked Car Accidents and Liability
Q: Am I automatically at fault if I hit a parked car?
A: Generally, yes, the driver of the moving vehicle is initially considered at fault for hitting a parked car. However, this can change if the parked car was illegally parked and contributed to the accident.
Q: Will my insurance cover damage if I hit an illegally parked car?
A: Yes, if you have collision coverage, it will likely cover the damage to your vehicle, regardless of fault. However, the determination of fault will affect potential increases in your premiums and who ultimately bears the financial responsibility for all damages.
Q: What if the illegally parked car was obstructing my view?
A: This is a critical factor in determining shared liability. If the illegally parked car significantly obstructed your view and contributed to the accident, the owner of the parked car may be assigned a percentage of fault.
Q: Should I always call the police if I hit an illegally parked car?
A: It’s advisable to call the police, especially if there is significant damage or any dispute about the circumstances. A police report provides an official record of the accident and can be valuable in insurance claims.
Q: Can I sue the owner of an illegally parked car if they contributed to the accident?
A: Yes, if the illegally parked car was a contributing factor to the accident, you may have grounds to sue the owner for damages, especially if you have incurred significant financial losses or injuries.
Consult with a Car Accident Attorney to Understand Your Rights
Accidents involving illegally parked cars present unique challenges in determining liability. While the initial assumption may be that the moving driver is at fault, the illegality of the parking can shift the balance of responsibility. Understanding your rights and obligations in these situations is crucial.
If you’ve been involved in an accident where an illegally parked car was a factor, consulting with an experienced car accident attorney is highly recommended. A lawyer can help you investigate the accident, gather evidence, navigate insurance claims, and protect your legal rights. They can assess the specifics of your case and advise you on the best course of action to ensure you are not unfairly held liable and that you receive any compensation you are entitled to.
