You may wonder who is responsible if you hit an illegally parked car. The law is fairly straightforward, but some exceptions may complicate the case. If someone receives injuries because of the collision, there are additional factors to consider.
Who Is Responsible if You Hit an Illegally Parked Car?
In general, the driver of the vehicle that hits a parked car, even if the vehicle is in a blocked parking location, is at fault. However, there are circumstances in which a judge would find the owner of the illegally parked car fully or partly at fault.
Arizona law requires drivers to use caution when operating a vehicle, which is why you could be liable for hitting an illegally parked car. The specific parking ban violation plays a part in determining fault. For example, if the parked car had been in a fire lane or in front of a fire hydrant, you would probably be at fault because you could see the vehicle and take the appropriate steps to avoid hitting it.
There are some exceptions to this rule, however. There is a chance the owner of the parked car could be partly or fully the one who is responsible if you hit an illegally parked car if any of these scenarios come into play:
- The car’s location is in the middle of a severe curve, making it difficult to see
- It is nighttime and the vehicle’s lights were not on
- The car is on the side of the road, but it is still blocking part of the lane
It often comes down to how visible the parked car is. If it is easy to see, the driver should be able to avoid hitting it. There are also situations in which both parties are liable, which means each party is responsible for a certain percentage of the damages related to the crash.
What Are the Potential Penalties for Hitting an Illegally Parked Car?
The state of Arizona requires that drivers who hit a parked vehicle stop and either locate the vehicle’s owner and report the collision or leave a note with their contact information. Failing to do those, you may face a class 1 misdemeanor, including fines, jail time, or both.
If you take those steps, and a judge finds you liable for the crash, you are responsible for the property damage to both vehicles. Note that if a passenger in your car received injuries, you may also be responsible for paying medical-related expenses. The injured victim may also file a claim against you and the owner of the illegally parked vehicle.
Who Should You Contact If You Hit an Illegally Parked Car?
You should contact us to help determine who is responsible if you hit an illegally parked car. Our Phoenix car accident attorneys at Sargon Law Group have the skills to determine liability in these types of accidents, and even if you are partly at fault, the other vehicle’s owner will also be responsible for damages.