Florida has busy roadways throughout the state. Car accident cases are very common here for several reasons. Cars hit or crash into other cars and other motor vehicles in a rush. But unknown to almost everyone, in most cases, car drivers are liable for hitting a parked car. Accidents that involve parked cars are more common than people even realize. However, when a moving car hits an illegally parked car, determining the liability becomes complicated. It’s unclear who is at fault when a vehicle hits a parked car.
The reasons can be many. Shared fault may be the liable factor behind the accident. Both drivers might be responsible for the mishap: 1. the driver who parked the car illegally, and 2. the driver who hit it. Every driver must be dutiful and cautious about their surroundings while driving.
When a parked car blocks a fire hydrant, a bike lane, or is parked too close to an intersection, it creates a risk. An illegally parked car can present danger to drivers, cyclists, and pedestrians. Each state has its own set of rules to handle accident cases in the U.S., so does Florida. The car accident attorneys at Injury Assistance Law Firm are well-versed in handling these complex cases and bring the victims financial recovery as per the jurisdiction.
When you are involved in a car accident without any of your fault, contact expert attorneys. Our car accident lawyers at Injury Assistance Law Firm help you fight for your personal injury rights and the compensation you deserve.
How Do Illegally Parked Cars Cause Accidents?
It’s easier to determine who is at fault when a car driver crashes into a legally parked car. Of course, it’s the driver who hits. The car that’s properly parked is always free of any parking violation charges and is an innocent party in the case. But when it’s an illegally parked car, who is at fault? And how does it lead to accidents?
Let’s take a look at how illegally parked cars pose threats and create hazards for other vehicles and pedestrians. The reasons include –
- Blocking Lanes
When a car is parked very close to a crosswalk or an intersection, it blocks the view of other vehicle drivers and pedestrians. The sudden obstruction in the lanes or roadways increases the risk of accidents.
- Presenting Hazards to Pedestrians
Specific parking zones are allocated for cars. When cars are parked illegally in open areas, such as on roads, near schools, or shopping centers, pedestrians are compelled to walk along the streets rather than on the sidewalks. It increases the risk of their accidents on the roads.
- Obstructing Visibility
When a car is parked illegally in a traffic lane, other cars or vehicles fail to see the roadway in front. In such cases, other vehicle drivers may need to change lanes suddenly due to a blockage in front. It may lead to an unfortunate collision with other vehicles coming from behind or different directions.
- Blocking the Ways of Emergency Vehicles
Not always direct collisions, illegally parked cars can result in a fatal outcome indirectly. For instance, a car blocks the way of a fire hydrant or an emergency vehicle. The blockage may delay the response time of the emergency service by blocking the way. The emergency vehicle needs to rush to the spot immediately, but it can’t move from its parked position due to the negligence of another driver. Such illegal parking may result in life-threatening consequences, resulting in the death of people in need of urgent help.
- Posing Risks of Threat
Drivers who illegally park their cars in critical areas, such as fire lanes or handicap spaces, may be held liable for their unjustified actions. Illegal parking may lead to other reckless actions that violate road safety laws.
Apart from the above scenarios, other illegally parked car accidents happen when the driver parks the car in a crosswalk, in front of a private or public driveway, within 15 feet of a fire station driveway, on a portion of a sidewalk, or behind another vehicle that is parallely parked.
Who is Liable In an Illegally Parked Car Accident?
An illegally parked accident is a complex case. Liability in these accident cases is challenging to determine. As discussed already, these cases are never straightforward. There might be shared liabilities. The identification of the liable parties depends on the specifics of each accident. The cases take into consideration local traffic laws and the actions of both the vehicle drivers. One is the driver of the parked car, and the other is the driver who hits it.
Let’s have a look at the potential liable parties in illegal parked car accidents.
- Driver of the Moving Vehicle
The motor vehicle drivers are expected to maintain a duty of care and responsibility when driving on roads. Drivers must be cautious to prevent obstacles and potential road mishaps. Even if a car is illegally parked, the driver of the moving vehicle must be alert enough to avoid an accident. In most cases, the driver in motion is held primarily liable for the accident.
The law focuses primarily on four factors to prove that the driver was negligent:
- The driver holds the duty to behave in a certain way to prevent accidents.
- The driver failed to maintain their duty.
- That failure directly resulted in an accident.
- The victim’s party incurs financial damages. Physical and psychological harms also add to the consequences.
In several parked car accidents, a vehicle driver recklessly or carelessly hit the parked car. Even when the car is illegally parked, the driver sees it from a distance. And, the measures should be taken accordingly. In most cases, as found, the drivers are distracted, intoxicated, or driving at high speeds. All the actions violate the basic traffic rules, which can lead to an accident.
- Driver or Owner of the Illegally Parked Car
When the car is not in motion or even if the driver is not in the vehicle, it’s unlikely that the parked car driver is liable for the accident. But that’s not the case in an illegally parked car accident. The owner or driver of the illegally parked car is held entirely or partially responsible for the accident. But when? It’s the moment when their violation of the parking rules and regulations directly resulted in the accident.
For instance, if a driver has parked a car in a “no-parking zone” and it blocks the view of the intersection for other vehicles. In such cases, another car driver may collide with other vehicles or a pedestrian due to the blocked visibility. When illegal car parking leads to such mishaps, the owner or the driver of the car directly holds the responsibility.
- Property Owners & Municipalities
Apart from the drivers of the moving car and the illegally parked car, property owners are also sometimes responsible for accidents. A car accident may also occur due to the absence of proper signboards, unclear parking laws and instructions, and poor road conditions. In that case, the authority responsible for maintaining the zone may be held liable partially.
For instance, when a shopping mall allows parking in a zone that increases the risk of accidents. The parking zone is not safe for the car owners or drivers of parked cars in that area, nor for the other vehicles and pedestrians passing by the zone. When parking in these places leads to accidents, victims have the right to file a claim against the shopping mall authority. The direct liable party here is the municipality, as it permits the shopping mall authority to use the parking.
- Shared Liabilities
Many accidents with illegally parked vehicles often prove to have shared liability. The Comparative Negligence Law of Florida distributes liability among multiple parties based on their respective shares of fault. When the driver parks the car in a place where it’s restricted or not legal, such as –
- Parking in a fire lane
- Parking in a street car loading or offloading lane
- Blocking traffic or visibility
- Not parking the car in the specific parking zone
The driver is already at fault for the illegal parking. On the other hand, the driver in the moving vehicle carries a huge legal responsibility. The driver is liable for the damages that the car owner, the driver, or the other occupants in the parked car suffer. The extent to which shared fault influences a case depends on where the accident occurred. Florida entitles even the at-fault parties to recover compensation for their damages proportional to their share of responsibility. Contact proficient car accident attorneys to take your legal matter in hand and handle the case successfully.
What to Do After One Hits An Illegally Parked Car?
In any kind of accident, it’s important to remain at the scene. If you have accidentally hit a parked car (without knowing whether it’s parked legally or not), you can take the following steps.
- Leave a Note
After the accident, if you cannot find the owner, leave a note. In such cases, the law later requires a note that includes your contact information and insurance information. Leave the note in a spot easily visible to the other car’s driver.
It’s suggested not to leave the scene in a rush. Witnesses and surveillance cameras will report your actions. In addition, it’s considered a crime if the driver leaves the spot after hitting a parked car. The driver may also suffer penalties or be sent to jail for a certain period.
- Call the Police
You must report your car accident to the police, regardless of whether the damages are minor or massive. Reporting to the police is crucial immediately after an accident. The police assess the liability and ensure that there is a recorded proof of the illegally parked car accident. The police chase the driver for breaking the state’s parking rules and regulations, and investigate the accident. The police collect the evidence to prove the other driver’s fault. It’s always advisable to report the incident to the police, which will, in turn, help convince the insurance company of the driver’s fault.
- Collect Evidence
Take photos of the car damage and license plates. When you take pictures of the damage instantly, the car owner cannot claim additional damages or the involvement of a different car than the original one. If the car was parked in a no-parking zone or a crosswalk, the pictures must clearly show this. The immediately taken photos can prove the driver’s or the owner’s negligence, which shows that the car was illegally parked.
- Gather Witness Statements
If possible, collect the witnesses’ names and contact information. Jot down the details and take a description from them of what the witnesses have seen. It makes the car accident case more powerful when you have witnesses’ statements.
- Inform Your Insurance Company About the Accident
In most cases, individuals prefer not to report these types of accidents for fear that their insurance rates will be high. But that should not be done.
If the car driver or owner does not report the accident immediately, the insurance company may decide not to cover the damages at all. It’s vital to report the crash promptly for the reasons below –
- Many insurance policies follow strict notification requirements, often within 24 to 72 hours.
- Early reporting helps protect witness statements and preserve evidence.
- Insurance companies can deny claims if they are reported after the deadline.
- Quick notifications allow a quick investigation of the accident scene.
- Your policy may need early reporting, regardless of whether the fault or damage was minor or substantial.
- Take Legal Advice
When you are unsure about your liability in the accident or if the accident led to severe injuries and damages, it’s crucial to talk to our car accident lawyer. At Injury Assistance Law Firm, we guide you through the litigation process.
Accidents involving illegally parked cars can be challenging to handle. Determining who is liable in the accident depends on the specific circumstances of the accident. Collect all the necessary evidence and proofs, and report the mishap to the police and insurance companies. After the initial procedures are done, speak to an experienced car accident lawyer who has both the skill and experience in handling such cases to protect your interests. At Injury Assistance Law Firm, we are here to support your legal fight and bring the compensation you deserve for your losses.
Recover Compensation for the Damages Incurred
If you have been involved in a parked car accident, contact Injury Assistance Law Firm to help you with your case. You must reach out to a law firm, especially if you were in the car at the time of the accident.
If you have hit an illegally parked car, comparative negligence law limits your liability. The police, insurance companies, and our car accident attorneys run a thorough investigation to determine the at-fault party. Victims from either party can recover damages by filing a compensation claim with their insurance companies and through collision coverage.
There is a timeline for filing an accident lawsuit. After it expires, the compensation claim becomes invalid. Therefore, it’s advised not to delay the reporting process and to take the necessary steps to establish the liability.
Final Reflections
Our car accident attorneys are well-versed in the intricacies and complexities of car accident cases involving illegally parked cars. At Injury Assistance Law Firm, we collect documents and proofs, build a strong case, and negotiate to obtain the maximum settlement amount with insurance companies. Accidents with illegally parked cars may lead to serious injuries and complex liability issues for both parties.
If you have been involved in an accident that involves an illegally parked car, we hold the expertise and experience to help you secure the compensation you deserve. Connect with us for a free evaluation today to get the answers to your queries about your share of liability in the accident and how you have been involved in an illegally parked car accident.