Who is Responsible if You Hit an Illegally Parked Car? 5 Instances It’s Not You

This is a scenario some of us might be familiar with when we ask the question. Who is responsible if you hit an illegally parked car?” 

Who is Responsible If You Hit an Illegally Parked Car?

Let’s say you’re driving down the street, minding your own business, when suddenly you collide with a car parked haphazardly on the side of the road. The car was clearly parked on the sidewalk, or perhaps he didn’t park all the way in and was illegally parked; the situation leaves you wondering: who’s responsible for the damage? Understanding liability in these scenarios can be confusing, especially when emotions run high after an accident.

Fear not! This article will shed light on who is responsible if you hit an illegally parked car. We’ll explore the general rule as well as some exceptions where the parked car’s illegality might influence fault and equip you with crucial information on what to do after such an accident. By understanding the key factors that determine fault and the importance of proper and accurate documentation, you can navigate this situation more clearly and confidently.

The key lies in recognizing the inherent differences between moving and parked vehicles. A parked car is stationary and predictable, while a moving vehicle is primarily responsible for controlling its movement and avoiding obstacles. This principle forms the foundation for understanding who is typically responsible in these situations. However, there are exceptions, and we’ll explore those in the next section.

The General Rule – Moving Vehicle at Fault

As we mentioned in the earlier paragraphs, the general rule of thumb states that the driver of the moving vehicle is liable for hitting a parked car, regardless of whether the parked car was there legally or not. This principle rests on the following rationale:

• Predictability: A parked car, by its very nature, is a stationary and predictable object. Drivers expect parked cars along roadsides and are responsible for maintaining a safe distance and awareness of their surroundings.
•  Control: The driver of a moving vehicle is primarily responsible for controlling their car’s movement and ensuring they can stop safely to avoid obstacles. This includes parked cars, even if they are in violation of parking regulations.

Think of it this way: imagine walking down a sidewalk and tripping over a broken brick that someone left in the way. While the presence of the brick may be disorderly, the walker is responsible for watching where they are stepping. Similarly, the driver of a moving vehicle has a higher duty of care to avoid colliding with stationary objects like parked cars.

However, this doesn’t mean the illegally parked car gets a free pass entirely. There are situations where the parked car’s illegal behavior can influence how much fault is attributed to each party. We’ll explore these exceptions and the concept of comparative negligence in the next section.

Determining Who’s at Fault – Key Considerations

The general rule establishes the moving vehicle driver’s primary responsibility, but there are exceptions where the parked car’s actions or location can influence fault attribution. Here are some key factors that come into play:

•  Obstructions on the parked car (faulty taillights, covered in snow)
• Visibility: This plays a crucial role. If the illegally parked car was clearly visible under normal conditions (daylight, no obstructions), the moving vehicle driver likely holds most, if not all, of the blame. However, If the illegally parked car was obstructing the view of other drivers, such as being parked in a way that blocked a stop sign or traffic signal, the driver who hit it may argue that they were unable to see the car in time to avoid the collision.
• Contributory negligence: In some cases, both drivers of the moving and stationary cars may be found partially at fault for the accident. For example, if the driver who hit the illegally parked car was also speeding or distracted at the time of the accident, they may be assigned a percentage of the liability.
• Emergency situations: If the driver who hit the illegally parked car was responding to an emergency situation, such as swerving to avoid a pedestrian or another vehicle, their liability may be reduced or eliminated.
• Proximity to a crosswalk: Another factor that may determine liability in an accident involving an illegally parked car is its proximity to a crosswalk. If the illegally parked car was blocking a crosswalk, the driver who hit it may argue that they had no choice but to collide with it, as they were unable to safely navigate around it.
• Weather conditions: Weather conditions at the time of the accident can also play a role in determining liability. If the illegally parked car was covered in snow or ice, or if its visibility was compromised due to factors like darkness or poor weather conditions (heavy rain, fog) making it difficult to see or navigate around, the driver who hit it may argue that the weather conditions contributed to the collision.
• Witness testimony: Testimony from witnesses at the scene of the accident can also be a deciding factor in determining liability. Witnesses who saw the accident occur may provide valuable insight into the actions of both drivers and help establish who was at fault.
• Police reports: Police reports filed at the scene of the accident can provide crucial information about the circumstances leading up to the collision. These reports often include details such as road conditions, witness statements, and any citations issued to the drivers involved.

These factors can complicate the situation. While the moving vehicle driver still has a duty of care, the limited visibility introduced by the illegally parked car can lead to a concept known as comparative negligence.

What is Comparative Negligence?

Comparative negligence is a legal term that apportions fault between parties involved in an accident. In the context of hitting an illegally parked car with poor visibility, both drivers might share some responsibility for the accident.

• The moving vehicle driver might be found partially negligent for failing to adjust their speed or maintain awareness considering the low visibility conditions.
•  The parked car driver could be found negligent for contributing to the situation by not having proper lighting or parking in an unlit area.

The exact percentage of fault attributed to each party will depend on the specific circumstances involved in the accident and will likely be determined by the insurance companies or a court if necessary.

In addition to visibility, here are some other factors that can influence fault determination in these situations:

• Actions of the Parked Car Driver: While a parked car is generally expected to be stationary, there can be exceptions. If the parked car driver suddenly pulls out of a parking space without looking or attempts to re-enter traffic without due care, their actions could contribute to the accident and potentially shift some fault towards them.
•  Severity of the Illegality: The severity of the illegal parking maneuver can also be considered. A car parked slightly over a line might be less impactful than a car completely blocking a lane of traffic or parked in a dangerous location (like a fire lane or a blind corner). The more hazardous the illegal parking, the more likely it is to influence fault attribution.

Importance of Documentation:

Regardless of the specific circumstances, documenting the scene of the accident is crucial for establishing fault and protecting your interests. Here’s what you should do:

• Police Report: If possible, call the police to file an accident report. The police report will document the scene, gather statements from both drivers and potentially include an officer’s preliminary assessment of the situation.
•  Pictures: Take pictures of the extent of the damages to both vehicles, the surrounding area, and any factors that might have impacted visibility (darkness, weather conditions, obstructions on the parked car). The more comprehensive your photographic record, the better.
•  Witness Statements: If there were any witnesses around the accident scene, then it’s paramount to try and get their contact information and statements about what they saw. Witness accounts can be valuable in reconstructing the events and supporting your version of what happened.

By gathering this evidence, you can strengthen your case and ensure a fair assessment of fault by the insurance companies or a court if necessary.

What to Do After Hitting an Illegally Parked Car?

The aftermath of an accident, even a minor one, can be stressful. Here’s a roadmap to navigate the situation after hitting an illegally parked car:

• Follow General Accident Procedures: Regardless of who seems at fault, it’s crucial to follow general accident procedures. Check for Injuries: The most important step is to check for any injuries to yourself, the passengers in your car, and anyone in the parked car. If there are injuries, call emergency services immediately.
•  Exchange Information: If everyone is okay, exchange contact information with the other driver(s), which should include names, contact details, and insurance information.
•  Contact the Police: Notwithstanding that the damage seems minor, it’s advisable to contact the police to file an accident report. Doing this will create an official record of the event and can be helpful if there are discrepancies later.
•  Document the Scene: As mentioned earlier, thorough documentation is vital. Take pictures of the damage to both vehicles, the surrounding area, any factors impacting visibility, and the parked car’s location (in relation to signs, traffic lights, etc.).
•  Contact Your Insurance Company: Next, as soon as possible after the accident, contact your insurance company and report the incident. Provide them with all the details you have gathered, including the police report (if available) and any pictures you took. Cooperate with your insurance company’s investigation process.
•  Seek Legal Counsel (Optional): In complex situations, particularly those involving significant damage, injuries, or disputes over fault, consider consulting with an attorney around your area specializing in car accidents. An attorney can professionally review the details of your case, advise you on your legal options, and ensure you are represented fairly throughout the process of determining who is responsible if you hit an illegally parked car.

Remember:

• Staying calm and collected after an accident is essential. Avoid getting into arguments with the other driver.
•  Don’t admit fault at the scene. Simply exchange information and explain that you will be contacting your insurance company.
•  Keep a record of all communication with the other driver, your insurance company, and any other parties involved.

By following these steps and understanding the factors that influence fault determination, you can navigate this situation more effectively and protect your interests.

How to Avoid Hitting Illegally or Legally Parked Cars

1. Stay Alert: Always be on the lookout for vehicles parked in unexpected or illegal spots. This includes areas near intersections, in no-parking zones, on sidewalks, or in areas marked with yellow or red curbs.
2. Reduce Speed in Tight Areas: In areas where parking is dense or visibility is limited, reduce your speed. This gives you more reaction time if you suddenly come upon an illegally parked vehicle.
3. Keep a Safe Distance: Maintain a safe following distance from the vehicle in front of you. This distance allows you more time to react if they suddenly brake for an illegally parked car.
4. Use Your Horn if Necessary: If you notice an illegally parked car that poses a hazard to you and other drivers, use your horn briefly to alert others to the potential danger.
5. Check Mirrors and Blind Spots: Before changing lanes or maneuvering around a parked car, always check your mirrors and blind spots. This ensures you won’t collide with another vehicle while avoiding the parked car.
6. Follow Parking Rules Yourself: Make sure you’re part of the solution, not the problem. Park legally and considerately to avoid creating hazards for others.
7. Report Illegally Parked Cars: If a car is parked in a dangerous manner or position, consider reporting it to local authorities. This can prevent potential accidents and encourage safer parking habits.
8. Use Turn Signals: Always signal your intentions when you’re navigating around parked vehicles. This lets other drivers and pedestrians know your plans and can prevent misunderstandings.
9. Practice Defensive Driving: Always assume other drivers might not see an illegally parked car and be prepared to react accordingly. This mindset helps you stay prepared for unexpected movements by other drivers.
10. Enhance Your Night Driving Skills: Illegally parked cars can be harder to see at night. Use your high beams when appropriate to better illuminate the road ahead, but be sure to switch to low beams when you see oncoming traffic or are driving behind another vehicle.
11. Stay Updated on Local Traffic Laws: Knowing the specific parking and traffic regulations in your area can help you anticipate where you might encounter illegally parked cars.

Remember, while you can’t control how others park, you can control how you react to these situations. By adopting these habits, you’ll be better equipped to avoid accidents and navigate the roads safely.

Conclusion: Who is Responsible if You Hit an Illegally Parked Car?

While the driver of a moving vehicle is generally responsible for hitting a parked car, even if illegally parked, there are exceptions. Visibility, the actions of the parked car driver, and the severity of the illegal parking can all influence fault attribution. 

As mentioned, there are situations where the responsibility for the accident may not solely rest with the driver who hit the illegally parked car. For example, if the illegally parked car was obstructing traffic or parked in a hazardous manner, the owner of that vehicle may share some of the liability. In such cases, the owner of the illegally parked car may be held responsible for any damages or injuries resulting from their negligence in parking. The importance of documenting the scene, following proper procedures, and potentially seeking legal counsel cannot be overstated. By staying informed and acting responsibly, you can minimize the stress and ensure a fair resolution after such an accident.

Remember, driving defensively and practicing good road awareness are the best ways to avoid these situations altogether.

FAQs on Who is Responsible if You Hit an Illegally Parked Car?

1. If I hit an illegally parked car, am I automatically at fault?

Not necessarily. While the driver who hits a stationary object, including a parked car, is often found at fault for not maintaining proper control of their vehicle, the context matters. If the car was parked illegally in a manner that made it difficult or impossible to avoid, there could be shared responsibility.

2. Can the owner of the illegally parked car be held responsible?

Yes, the owner of the illegally parked car can be held partly or fully responsible if it can be demonstrated that the illegal parking contributed significantly to the accident. For example, if the car was parked in a clearly marked no-parking zone, on a blind curve, or in a manner that obscured traffic signs.

3. What should I do if I hit an illegally parked car?

You should:

• Ensure the safety of all parties involved.
• Contact the police to report the incident, especially if there’s significant damage or if the parked car’s owner cannot be located.
• Exchange information with the car’s owner if they are available.
• Document the scene with photos, including the parked car’s position and any relevant signs or markings.
• Notify your insurance company about the incident.

4. How do insurance companies determine fault?

Insurance companies assess fault based on evidence, police reports, witness statements, and the specific circumstances of the crash. They’ll consider the legality of the parked car’s position and the actions of the driver who hit the car. In some jurisdictions, fault may be shared between the two parties depending on the circumstances.

5. What if the illegally parked car was causing a serious hazard?

If the illegally parked car was posing a serious hazard, such as blocking a roadway or creating a blind spot on a curve, this could affect the determination of fault. The more hazardous the parking situation, the more likely the parked car’s owner will share in the responsibility.

6. Are there any exceptions to being held responsible for hitting a parked car?

Specific exceptions depend on local laws. Generally, if you can prove that hitting the parked car was unavoidable due to circumstances beyond your control (e.g., another car pushed you into it), you may not be held fully responsible.

7. Does it matter if the parked car was not visibly marked as being illegally parked?

Yes, visibility matters. If there were no clear indications that the parking was illegal (e.g., missing or obscured no-parking signs), this might affect the fault determination.

8. What if I hit the car in an emergency situation?

If you had to swerve to avoid a pedestrian or another vehicle and ended up hitting the parked car, this emergency situation could be considered in determining fault. Documentation and witness statements will be crucial in such cases.