Who Is at Fault for Hitting a Parked Car? Understanding Liability
Hitting a parked car may sound like a simple situation, but determining fault isn’t always as straightforward as it seems. In most cases, the moving vehicle is responsible—the driver had the ability to steer, stop, or otherwise avoid the parked car. A parked vehicle has no such option.
However, real-world accidents aren’t always black and white. The circumstances surrounding how and where the vehicle was parked can significantly impact who is legally responsible. That’s why gathering strong evidence and speaking with an experienced car accident lawyer is crucial.
Can a Parked Car Ever Be at Fault?
Yes—depending on the circumstances. While the driver of the moving vehicle is usually liable, there are situations where the parked vehicle’s owner may share fault or even be primarily responsible.
To determine liability, investigators look at the actions of both drivers and the conditions that led to the crash.
Illegally Parked Vehicles and Fault
A parked vehicle may be at fault if it was positioned illegally or unsafely. Illegal parking happens for many reasons—sometimes even during emergencies. But even then, the driver must take reasonable steps to avoid creating a hazard.
When the Parked Vehicle Is Clearly Visible
If the car is illegally parked but still easily visible, the owner of the parked vehicle may share some fault. For example:
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Parking in a fire lane is illegal, but the moving driver is still usually responsible because the vehicle is visible.
When Visibility Is Poor or Blocked
A driver should never park where their vehicle cannot be clearly seen. If they do, they may be partially or fully at fault. Examples include:
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Parking behind objects that block visibility
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Parking in a poorly lit area where the vehicle isn’t visible at night
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Parking in front of a driveway, causing another driver to back into them
If the moving driver reasonably could not see the parked car, fault may shift to the owner of the parked vehicle.
When the Parked Car Is Practically Impossible to See
In some cases, the entire responsibility may fall on the owner of the parked vehicle, such as:
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Parking immediately after a sharp curve
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Parking without any lights in complete darkness
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Parking along an unlit roadway with no visibility
However, proving this usually requires significant evidence, since insurers often default to blaming the moving vehicle.
Who Is at Fault in a Parking Lot Accident?
In parking lots, liability typically comes down to which driver had the ability to avoid the collision. This is usually the moving driver—but not always.
Security footage, witness statements, and accident reconstruction often play key roles in determining fault.
Need Help Determining Fault After Hitting a Parked Car?
Figuring out who is responsible in these situations can be complex, especially when illegal or unsafe parking plays a role. The Applebaum Accident Group is here to help you protect your rights, gather the evidence you need, and pursue full compensation for your damages.
Contact us(855-Call-Paul)
today for a case evaluation and learn how we can help you navigate your claim.
