Who is Liable for a Car Accident Involving an Illegally Parked Vehicle?October 19, 2019
When two or more motorists are involved in a car accident, police are called to the scene and an accident report is filled out. Based on the details of the accident, police will determine who is at-fault for causing the accident. Once fault is established, the victim can proceed with filing a claim for compensation. However, when one of the vehicles involved in a car accident is an illegally parked car, determining fault can be tricky. If you hit a car that was parked illegally, a skilled car accident lawyer can review the details of your case and recommend the best legal course of action.
When a driver parks their car in a no-parking zone, or parks illegally in an area where there is heavy traffic, it can increase the chances of being hit by another car. The driver who hit the parked car may assume that the owner of the parked car is at-fault for the accident, since the car should not have been parked there in the first place. However, in most cases, both drivers at-fault because there was shared negligence. The owner of the parked car should have known better than to park in an illegal spot, and if the driver who hit the parked car had been paying closer attention to their surroundings, the accident could have been avoided.
When both parties are considered at-fault, the insurance companies must assign a percentage of fault to each driver, which will determine how much each driver’s liability insurance will pay. Maryland is a contributory negligence state, so even if the driver who hit the car is slightly responsible, they will not be eligible to recover compensation.
Elements of Negligence as it Relates to the Parked Car
If the owner of the parked car was negligent, you must be able to prove the following:
- The other driver owed you a duty or a responsibility, which included obeying traffic laws and parking regulations.
- There was a breach of duty where parking in an illegal spot violated traffic laws and disregarded drivers’ safety.
- If the breach of duty caused the accident, you will need to prove that the accident could have been prevented if the owner of the parked car was in a legal parking spot.
- The damages were a result of the crash caused by the illegally parked vehicle.
The more documentation you are able to provide, including photos, witness testimonials, and police reports, the more likely it is that you will reach a successful outcome.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Car Accidents Involving Illegally Parked Cars
If you were injured in a car accident involving another car that was parked illegally, you are urged to contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton. We will make every effort to secure the maximum financial compensation you deserve based on the details of the accident and where the car was parked. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.