Illegally Parked Car Accident

If you or someone you know was hurt in an illegally parked car accident, you may have grounds to pursue compensation with the help of an experienced and qualified lawyer. Typically, the driver of any moving vehicle is responsible for hitting a parked car. How you proceed with a personal injury lawsuit or property damage claim, however, depends on the state in which you live.

If a car was illegally parked, you need to familiarize yourself with your local laws and how your specific case may be affected by them. No two cases like this are exactly alike, but the more information you can gather from the scene of the incident, the easier it is to begin reconstructing what happened. You may even need to hire an attorney to help you with an illegally parked car accident. There may be criminal aspects of the case, such as if someone is accused of drinking and driving or violating other traffic laws, but there are also several components that enable you to get compensation for your injuries and damages. 

You may be unable to recover the full scope of your damages on your own, which is why you would need to hire a personal injury attorney, like those working at Morgan & Morgan. There are many different elements that must be proven in an illegally parked car accident case, and the right lawyer can make a big difference.

If you have already been involved in an accident like this, whether you were in the vehicle at the time or returned to your car to discover the damage, you may wish to consult with a team of legal professionals to determine the best next steps for you. 

Comparative Negligence

In most cases, someone who is operating the moving vehicle and hits a parked car is responsible for the damage. This applies to cars that are parked legally, but it may also apply to those cars that are illegally parked. If a parked car is easy to spot for drivers, anyone who strikes that car is responsible for the accident. However, if the person who illegally parked the other vehicle involved did so in a manner that blocked visibility, then the driver of the car who struck the illegally parked car may not be at fault for the accident. This depends on the negligence laws in your state. For example, with comparative negligence laws, a driver who is not more than 49% at fault for an accident could still get compensation. 

This is likely much easier with the help of an experienced and qualified car accident lawyer. A personal injury lawyer in your area can help you with each aspect of these claims and can review the specifics of the accident to make a strong case for compensation. This may be true if the illegally parked car was sitting in a way that blocked your visibility or caused other issues increasing your chances of an accident. You may have severe property damage of your own in these circumstances and may want to know what are your options for getting your vehicle repaired and moving forward with a claim. 

Knowing that you have a qualified personal injury attorney like those working at Morgan & Morgan to help you through an illegally parked car damage claim can greatly reduce your stress as well as increase the chances that you'll walk away with a fair settlement for the circumstances. 

One of the most important things to remember is that you need to take pictures and capture other evidence at the scene of the accident. This is because you may need to provide it to your car insurance company but also to your personal injury lawyer like the attorneys working at Morgan & Morgan. Presenting this information to your personal injury lawyer gives them a good idea of how the accident happened. If they are determined not to be at fault under a comparative fault statute, a passenger or driver in an idling or illegally parked car could be eligible to recover compensation. The other driver of a vehicle involved in such an accident has a responsibility to try to move their vehicle's path to avoid a crash, especially if the idling or illegally parked car was very visible. If you were a victim in an accident like this, the attorneys at Morgan & Morgan may be able to investigate your claim. You may be dealing with expenses such as medical bills because of these accidents caused by a negligent driver. 

If you were sitting inside a car that was parked illegally and a distracted driver struck you and this caused injuries, speaking to a car accident law firm in your area will help you to determine the best ways to negotiate with insurance prior to accepting fault for any accidents. Illegally parked cars are all too common throughout the entire country, and these can lead to an increased chance of accidents or injuries. Bear in mind that even if someone is illegally parked, you may still face liability for damages if you hit their car. This depends on the comparative negligence laws, and you may be able to increase your chances of success on your part of the accident if you can show that the car was parked illegally.

I Ran Into an Illegally Parked Car — What Now? 

If you strike an illegally parked car anywhere you should report the crash to the police. Some state laws require that accidents be reported if they lead to substantial property damage, injury, or death. Even if you are not yet sure if you legally must report an accident, it is best to err on the side of caution. This may prevent you from being charged with a hit-and-run accident and will also file a formal police report that you may refer to later. As you're waiting for the police to get on the scene of your illegally parked car accident, take photos and videos of the scene. For other legal questions that you'd like addressed after going through a car crash, especially if it was an accident you are responsible for due to striking an illegally parked car, talking with a knowledgeable car accident attorney like those working at Morgan & Morgan is recommended to understand the level of liability that you may face in this situation. Unfortunately, many legal disputes can emerge because of accidents linked to illegally parked vehicles.

What if I Can't Find the Owner of the Parked Car?

If you strike an illegally parked car and cannot find the vehicle owner, you are still required to take responsibility for the accident. You need to report the accident to the police and wait until they arrive at the scene. They can create a formal report and identify the owner of the vehicle. If it was a minor accident that left limited damages, leaving a note for the vehicle's owner with contact details is appropriate.

Show that you've taken the necessary steps to try to find the owner if you can.

Will My Insurance Go Up if I Hit an Illegally Parked Car?

Your insurance company develops your insurance premiums based on their perception of your risk level. If you cause accidents, this increases your risk level in the eyes of the carrier. If you file an insurance claim because of striking an illegally parked car, your insurance policy will determine how and when premium rates may increase and what actions can contribute to rising insurance costs. Make sure that you always review your policy well in advance of an actual accident so that you know what to expect. This can make it easier to respond to an accident of hitting an illegally parked car.

How Is Fault Determined When Someone Strikes an Illegally Parked Car?

The insurance company usually considers the person who hit the car as at fault for the accident but will consider the illegal nature of the parking as a factor. This is why it is so important to have evidence from the crash scene itself to show the vehicle's position where the accident occurred. If you are able to successfully show that the vehicle was illegally parked, so that you had very little space or ability to avoid it, this can also decrease your chances of being held legally responsible.

What if I Hit a Parked Car and Leave the Scene?

If you cause an accident, especially one that leads to serious property damage, you have a legal responsibility to take accountability for that accident. This is true even if you hit an illegally parked car. If you leave the scene of the accident, you are committing a hit and run, and after the police locate you, you may face criminal prosecution for a hit and run and will be arrested. While you might wish to avoid liability for the accident, it is never worth risking being criminally convicted of a hit and run. If you've already been involved in an accident and have further questions about your legal rights as well as your potential legal responsibilities, contact Morgan & Morgan for a free case evaluation. You may be able to decrease your chances of facing legal accountability in an accident by getting support from an attorney as soon as possible.