It’s generally easier to determine who is at fault if you hit a legally parked car — the driver who hit the car is liable for damages associated with the accident. But who’s at fault if you hit a double parked or illegally parked car?
If you think the driver who parked illegally is to blame, then you’re partly right.
However, in cases involving illegally parked vehicles, both drivers may be responsible for the accident — one for hitting a parked car and the other for committing a parking violation.
All drivers have a duty to use reasonable care and caution while driving. Hitting a parked car is a failure to exercise caution.
Working with an experienced car accident attorney can help establish liability and ensure you are not held responsible for more damages than you contributed to.
What is Considered Illegal Parking?
In California, according to vehicle code, cars are considered illegally parked when they are stopped, parked or left in certain locations such as:
- In a crosswalk
- Within 15 feet of a fire station driveway
- In front of a private or public driveway
- In an intersection
- Blocking a fire hydrant or fire lane
- In front of a sidewalk access ramp
- On a portion of a sidewalk
- Behind or next to another vehicle that is parallel parked
Keep in mind, however, that stopping or parking to avoid conflict with other traffic or to comply with law enforcement is not considered a violation.
California’s Comparative Fault Law: Your Rights and Recovery
Under California’s pure comparative negligence law, multiple parties can share fault in an accident involving an illegally parked vehicle.
The court or insurance companies will assign fault percentages based on several factors, including:
- The visibility conditions at the time of the accident
- Whether the illegally parked vehicle created an unavoidable hazard
- The speed and attentiveness of the moving vehicle
- Whether any traffic laws were violated by either party
- Local traffic and road conditions
- Time of day and lighting conditions
For example, if you hit an illegally parked car while driving within the speed limit and maintaining proper lookout, the insurance company or the court might find the parked car owner predominantly at fault for creating a hazardous condition.
However, if you were driving above the speed limit, they would likely assign a greater percentage of fault to you despite the illegal parking.
Under California’s pure comparative negligence system, you can recover damages even if you’re partially at fault, but your recovery will be reduced by your percentage of fault.
For instance, if your total damages are $10,000 and you’re found 20% at fault, you could recover $8,000.
So, while drivers must maintain a duty of reasonable care, the degree of fault may be reduced if evidence shows that:
- The illegally parked vehicle created a sudden and unexpected hazard
- The parking violation severely restricted normal visibility or access
- The illegal parking violated multiple safety regulations
- Alternative routes were not reasonably available
- The accident occurred during challenging weather or lighting conditions
A thorough investigation by an experienced car accident lawyer can help establish these factors and maximize your potential recovery.
Insurance companies often try to assign higher percentages of fault to minimize payouts, making legal representation crucial for protecting your rights.
What to Do if You Hit an Illegally Parked Car
As with any type of vehicle collision, it’s important to remain at the scene, especially if the parked car’s owner is nowhere to be found.
Leave a Note
If you cannot locate the owner, the law requires you to leave a note with your name, contact information and insurance information in a visible location for the other driver.
Do not ever just leave the scene. Witnesses may report you and there may be surveillance cameras that recorded what you did.
Plus, it’s considered a felony if a driver who hits another car leaves the scene. You may end up paying a fine or even doing jail time.
Gather Evidence
Take photos of any car damages and license plates.
Taking pictures can help protect you from the other car owner trying to claim more damages or even saying a different vehicle was involved.
If the vehicle was parked in a no-parking zone or in a crosswalk, your pictures should make that clear.
The photos can help demonstrate the other driver’s negligence by showing that the other vehicle was illegally parked.
Look for Witnesses
If you can, get witnesses’ names and phone numbers. Try to write down a description of what they saw, if possible. Having witnesses’ accounts of the incident can be beneficial to substantiate insurance claims.
Call the Police
You must report a car accident to the police if there are any injuries or more than $1,000 in property damages.
However, even if the accident is minor, it may be in your best interest to call the police if you believe the other driver should share fault for an illegally parked vehicle.
The police can ticket the driver for breaking the city’s parking regulations and investigate the crash. Police officers may be able to gather evidence to help prove the other driver’s partial fault.
Obtaining an official police report can help convince an insurance company of the other driver’s fault.
Report the Accident to Your Insurance Company
Many people don’t bother reporting these types of accidents for fear of their insurance rates going up.
But if you fail to report the accident right after it occurred, the insurance company may decide not to cover damages.
Promptly reporting any accident to your insurance company is crucial for protecting your rights. Here’s why:
- Many insurance policies have strict notification requirements, often within 24-72 hours
- Delayed reporting can give insurance companies grounds to deny your claim
- Early reporting helps preserve evidence and witness statements
- Quick notification allows for timely investigation of the accident scene
- Your policy may require reporting regardless of fault or damage extent
If you’re concerned about rate increases, remember that California law (Proposition 103) prohibits insurance companies from raising rates for accidents where you’re not at fault.
Additionally, consulting with a car accident attorney before giving a recorded statement to any insurance company can help protect your interests and prevent statements from being used against you later.
Protecting Your Health and Legal Rights
Even in seemingly minor collisions with parked vehicles, it’s essential to take the proper steps to protect yourself and any future claim.
Seek immediate medical attention for any symptoms, no matter how minor
- Some injuries, like whiplash or soft tissue damage, may not be immediately apparent
- Medical documentation creates a crucial link between the accident and your injuries
- Early treatment can prevent conditions from worsening
- Medical records serve as vital evidence for your claim
Document Everything
- Take photos of any visible injuries
- Keep a daily pain and symptom journal
- Save all medical bills and receipts
- Record missed work days and activities you can’t perform
- Maintain copies of all accident-related correspondence
California’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit, but evidence becomes harder to gather as time passes.
We recommend acting soon after the accident for a stronger case.
Contact a Skilled Car Accident Attorney for Legal Advice
Trust El Dabe Ritter Trial Lawyers with a free case evaluation of your illegally parked car accident case. Our car accident lawyers have over two decades helping injured victims in motor vehicle accidents.
Our attorneys will guide you through the legal process, ensuring that you receive the fair compensation you deserve.
Contact us for a free consultation today if you have questions about your level of fault in an accident, especially one involving an illegally parked vehicle.
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