Accidents involving parked cars can be straightforward when the car is legally parked, with the driver who caused the collision usually held responsible for damages. But what happens when the car is double-parked or parked illegally? You may wonder if the driver who parked illegally is at fault, and the short answer is, it depends.
In many cases, both drivers may share fault. One for hitting the parked car and the other for violating parking laws. Let’s dive into how California laws work in these situations and how working with an experienced car accident attorney can help protect your rights.
What is Considered an Illegally Parked Car in California?
California law clearly defines situations where parking is illegal, and violating these rules can create hazards that lead to accidents. According to the California Vehicle Code, a car is considered illegally parked when it’s stopped, left, or parked in any of the following locations:
- 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
However, it’s important to note that stopping or parking in certain situations are not a violation. For example, to avoid traffic issues or comply with law enforcement.
California’s Comparative Fault Law: How It Affects Your Claim
California follows a pure comparative negligence law, meaning multiple parties can be found at fault in an accident. In situations involving an illegally parked vehicle, the court or insurance companies will determine the fault percentages based on several factors, including:
- Visibility conditions at the time of the accident
- Whether the illegally parked car created an unavoidable hazard
- The speed and attentiveness of the moving vehicle
- Any violations of traffic laws by either party
- Road conditions, time of day, and lighting conditions
For example, if you’re driving within the speed limit and paying attention, but you hit an illegally parked car, the court might assign most of the fault to the parked car for creating a hazardous condition. However, if you were speeding or not being cautious, your percentage of fault could increase, reducing your potential recovery.
Under California’s comparative negligence system, you can still recover damages even if you’re partially at fault—but the amount of your compensation will be reduced based on your percentage of fault. So, if your damages total $10,000 and you’re found 20% at fault, you would be entitled to $8,000 in compensation.
An experienced car accident lawyer can help investigate your case, gather evidence, and maximize your recovery by proving that the illegally parked vehicle was a significant contributing factor to the accident.
What to Do if You Hit an Illegally Parked Car
If you hit an illegally parked car, it’s essential to follow the proper steps to protect yourself legally:
- Stay at the Scene: Never leave the scene of an accident, as doing so can result in criminal charges. If the other car’s owner is not present, make sure to leave a note. This should contain name, contact information, and insurance details.
- Gather Evidence: Take pictures of the damages, including photos of the illegally parked vehicle and any surrounding conditions. These could include a no-parking sign or a crosswalk. These photos can help prove the other driver’s negligence.
- Look for Witnesses: If there are any witnesses, collect their contact information and get a description of what they saw. Witness statements can help support your claim.
- Call the Police: If there are injuries or significant property damage, report the accident to the police. Even in minor accidents, having an official police report can help substantiate your claim, especially if the other driver was violating parking laws.
- Report the Accident to Your Insurance Company: Even if the accident seems minor, report it promptly to avoid complications with your claim. California law protects you from insurance rate increases if you’re not at fault, so don’t hesitate to contact your insurer.
- Seek Legal Help: Insurance companies often try to assign a higher percentage of fault to minimize payouts. Working with a skilled car accident lawyer ensures that your rights are protected, and you aren’t held responsible for more damages than you deserve.
Protecting Your Health and Legal Rights
Even if the accident seems minor, injuries such as whiplash or soft tissue damage may not be immediately visible. It’s essential to seek medical attention right away, even if you don’t feel injured. Medical documentation is crucial for linking your injuries to the accident and supporting your claim.
Additionally, take steps to document everything:
- Keep a daily pain and symptom journal
- Save all medical bills and receipts
- Record missed workdays and any activities you can’t perform
Remember, California’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit, but it’s best to act sooner rather than later to preserve evidence and strengthen your case.
Conclusion
If you’ve been involved in an accident with an illegally parked car, it’s important to understand that both drivers may share responsibility. California’s comparative fault laws allow for partial fault but still provide a path for compensation, even if you’re partly at fault.
At TraumaLaw, we’re here to guide you through the process, protect your rights, and help you recover the damages you deserve. Call us today at 866-608-3601 to discuss your case and take the first step toward securing the compensation you’re entitled to.
