It may be hard to determine who is at-fault when a driver hits an illegally parked car. It is common knowledge that vehicles should not be parked in front of fire hydrants and other illegal places. Unfortunately, some people still break the law, creating serious hazards for all drivers. If another motorist runs into an illegally parked or standing vehicle, determining liability can become a long process.
Where Not to Park
Parking in any of these areas can pose a safety risk and can slow down traffic and endanger others:
- Bus stops
- Tow-away zones
- Crosswalks
- Handicap spots
- Fire lanes
- Bicycle lanes
- Fire hydrants
Who is Responsible
Contacting the police after these accidents is recommended; they may be able to assess who is responsible for causing the crash. Since the car is illegally parked, the other driver might assume that they are not liable for damages. This is not always the case, the driver may not have been paying attention to their surroundings.
According to a principal at All-Security Insurance Agency Inc., illegally parked vehicles must be in a significantly dangerous place for the driver of the parked car to be held completely liable. The driver who hits a parked car often has some level of culpability. For example, a distracted driver that backs up their car without looking behind them would be held responsible. In determining who is liable, each case is different.
If both parties are found to be at-fault, the insurance companies will assign a percentage to each driver, this determines the amount that the insurance company will pay.
After a Crash Occurs
Some individuals that hit parked cars may flee the scene or leave their contact information on the windshield. Both actions are illegal. Even if intentions were good, the paper might not be found. Once law enforcement is called, all parties should remain at the scene until the police arrive. Taking pictures is helpful since this can show that a car was parked illegally. It is best to get as much documentation and supporting evidence as possible, this can help with your case. There may be others that witnessed the crash, and their contact information should be taken. If there are surveillance cameras nearby, these recordings could be helpful.
Auto insurance companies should also be called. Usually, the at-fault driver’s liability insurance will pay. Individuals who have their illegally parked cars hit, and the offender has fled, may receive damages from their uninsured motorist coverage or collision coverage.
West Chester Car Accident Lawyers at the Law Office of Deborah M. Truscello Protect Car Accident Victims
If you suffered injuries or property damages from a car accident, you may be eligible for compensation. Our West Chester car accident lawyers at the Law Office of Deborah M. Truscello will protect your rights and help you obtain maximum compensation. Contact us online or call us at (610) 892-4940 for a free consultation regarding your case. Located in Media, Pennsylvania, we also serve clients in Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Reading, and throughout the Philadelphia area.
