Who's Responsible When You Hit an Illegally Parked Car?
It's a common scenario: you're driving along, minding your own business, and suddenly, bam! You hit a car that was parked illegally. But who's at fault? Who's responsible for the damage?
The answer isn't always straightforward and can depend on a few factors:
1. Was the Illegal Parking Obvious?
If the illegally parked car was clearly blocking traffic or posing a hazard, the driver of the parked car is likely to be held at fault.
- Example: A car is parked directly in the middle of the road, blocking oncoming traffic. In this case, the driver of the parked car is clearly at fault for creating a dangerous situation.
2. Was the Illegal Parking in a High-Traffic Area?
Even if the car wasn't causing an immediate hazard, the location of the illegal parking can be a factor.
- Example: A car is parked across a driveway or blocking a bus stop. These are areas with higher traffic flow, making the driver of the parked car more likely to be considered negligent.
3. Was the Driver of the Moving Car Negligent?
The driver of the moving car also has a responsibility to be alert and avoid collisions.
- Example: You were driving at a high speed in a residential area, not paying attention to your surroundings, and you collided with a car parked across a driveway. You might be found partially at fault for the accident.
4. What Does the Law Say?
Traffic laws vary from state to state. Some states have specific regulations regarding the liability for accidents involving illegally parked cars. It's important to familiarize yourself with the laws in your area.
What You Should Do After an Accident:
- Safety First: Ensure everyone involved is safe and call emergency services if necessary.
- Document the Scene: Take photos of the damage to both vehicles, the location of the illegally parked car, any visible traffic signs, and any other relevant details.
- Exchange Information: Get the other driver's insurance information and license details.
- Report the Accident: File a police report, especially if there are injuries or significant damage.
- Contact Your Insurance Company: Report the accident to your insurance company, providing all the details.
Important Note: It's always advisable to consult with an attorney to understand your rights and responsibilities in the specific circumstances of your accident.
