Illegally Parked Car Accidents: Who’s Liable and What You Need to Know

Accidents involving illegally parked cars are more common than many people realize. Whether it’s a vehicle blocking a fire hydrant, parked too close to an intersection, or obstructing a bike lane, illegally parked cars can create dangerous situations for drivers, cyclists, and pedestrians. 

When a collision occurs involving an illegally parked car, however, determining liability can be complicated. 

The good news is that if you were involved in an accident that wasn’t your fault, Morgan & Morgan can help you fight for the compensation you deserve. Discover more about illegally parked car accidents below, and when you’re ready, contact us for free to learn about your legal options.

How Illegally Parked Cars Cause Accidents

Illegally parked cars create hazards in multiple ways, including:

• Blocking Visibility: A car parked too close to an intersection or crosswalk can obstruct the view of drivers and pedestrians, increasing the likelihood of an accident.
• Forcing Dangerous Maneuvers: When a car is parked illegally in a lane of traffic, other drivers may have to swerve suddenly, leading to collisions.
• Creating Pedestrian Hazards: Illegally parked cars in no-parking zones, especially near schools or shopping centers, can force pedestrians to step into the street, increasing their risk of being hit.
• Obstructing Emergency Vehicles: A car blocking a fire hydrant or a designated emergency vehicle lane can delay response times, which can have life-threatening consequences.
• Encouraging Risky Behavior: Drivers who illegally park in areas such as fire lanes or handicap spaces may be more likely to engage in other reckless behaviors, contributing to road safety issues.

Who Is Liable in an Accident Involving an Illegally Parked Car?

Liability in an accident involving an illegally parked car is not always straightforward. The at-fault party depends on the specifics of the accident, including local traffic laws and the actions of both the parked car’s owner and the other driver.

The Driver of the Moving Vehicle

In many cases, drivers are expected to remain vigilant and avoid obstacles, even if they are illegally parked. If a driver crashes into a parked car, they may be found at fault unless they can prove that the illegally parked vehicle created an unavoidable hazard.

The Owner of the Illegally Parked Car

The owner of an illegally parked car may be held partially or fully liable if their parking violation directly contributed to the accident. For example, if a vehicle is illegally parked in a no-parking zone, blocking visibility at an intersection, and another driver collides with another vehicle or pedestrian as a result, the owner of the parked car may share responsibility.

Property Owners or Municipalities

If an accident is caused by a lack of proper signage, poor road design, or unclear parking restrictions, the entity responsible for maintaining the area may be partially liable. For instance, if a city allows parking in an area that should be restricted, leading to an accident, victims may have grounds to file a claim against the municipality.

Shared Liability

Many accidents involving illegally parked cars result in shared liability. Comparative negligence laws in some states allow for liability to be distributed among multiple parties. For example, if a driver was speeding and hit a car parked illegally on a curve, both parties may share fault.

How Does Comparative Negligence Factor Into Fault for an Illegally Parked Car Accident?

Comparative negligence plays a crucial role in determining fault in an accident involving an illegally parked car. Under this legal principle, fault can be shared between multiple parties based on their level of responsibility for the accident. 

Here's how it works in this context:

• Partial Fault for the Illegally Parked Car: If the illegally parked car created an unsafe condition (blocking visibility at an intersection), its owner may be assigned a percentage of fault for contributing to the accident.
• Partial Fault for the Moving Vehicle: If the driver of the moving vehicle was speeding, distracted, or otherwise negligent, they might also bear some responsibility for failing to avoid the parked car.
• State Laws on Comparative Negligence: Different states apply comparative negligence in different ways:
  • Pure Comparative Negligence: The injured party can recover damages even if they are 99% at fault, but their compensation is reduced by their percentage of fault.
  • Modified Comparative Negligence: The injured party can only recover damages if they are less than 50% or 51% at fault, depending on the state.

For example, if a court determines that the illegally parked car is 40% responsible for the accident and the moving vehicle’s driver is 60% responsible, the driver could still recover 40% of the damages from the parked car’s owner or their insurer.

If you're involved in an accident with an illegally parked car, working with an experienced attorney—like those at Morgan & Morgan—can help ensure fault is assessed fairly and that you recover the compensation you deserve.

I Hit an Illegally Parked Car. Now What?

What to Do If You Are Involved in an Accident With an Illegally Parked Car

If you are involved in an accident where an illegally parked car played a role, you can take the following steps:

• Call the Police: A police report is crucial in documenting the scene, assessing liability, and ensuring that the illegally parked car’s violation is recorded.
• Gather Evidence: Take pictures of the accident scene, including the illegally parked car, any signage, skid marks, and damages to both vehicles.
• Obtain Witness Information: If anyone saw the accident, their testimony could help establish liability. Your attorney can follow up with them after the accident.
• Check for Surveillance Cameras: Nearby businesses or traffic cameras may have footage that supports your case.
• Seek Medical Attention: Even if you feel fine, injuries like whiplash or concussions may not be immediately apparent.
• Contact Morgan & Morgan: A personal injury attorney can help determine liability and negotiate with insurance companies on your behalf.

How Insurance Handles Illegally Parked Car Accidents

Insurance claims involving illegally parked cars can be complex. Here’s how different policies typically respond:

• The Moving Vehicle’s Insurance: If the driver of the moving vehicle is at fault, their liability insurance should cover damages to the parked car.
• The Illegally Parked Car’s Insurance: If the illegally parked car is deemed at fault for contributing to the accident, their liability insurance may cover damages.
• Comparative Negligence Rules: In some states, both parties may be partially liable, meaning the insurance payout will be adjusted based on fault percentages.
• Uninsured Motorist Coverage: If the parked car owner does not have insurance, the moving vehicle’s uninsured motorist coverage may apply.

How Morgan & Morgan Can Help

At Morgan & Morgan, we understand that accidents involving illegally parked cars can be legally complex. Our experienced attorneys can collect evidence to build a strong case proving liability, negotiate a better settlement with insurance companies, file a lawsuit if necessary, and fight for the maximum compensation you need and deserve to move forward with your life.

Illegally parked car accidents can result in serious injuries and complex liability disputes. If you’ve been involved in such an accident, don’t navigate the legal process alone. Morgan & Morgan has the experience and resources to help you secure the compensation you deserve. Contact us today for a free, no-obligation case evaluation.