Simply put, a driver who strikes a legally parked car will be found liable for the collision. Every driver has a duty to operate their vehicle in a safe and cautious manner, whether in a parking lot or on a busy street. But what if the car was illegally parked?
In this scenario, things can get interesting, with many factors coming into play. For instance, if it was broad daylight and the illegally parked vehicle was clearly visible, the driver might still be solely liable for the crash. Distracted driving, impaired driving, or speeding doesn’t improve the driver’s odds either — obviously.
On the other hand, in situations in which an illegally parked car is obscured by darkness/poor lighting or inclement weather, or is stationed around a blind curve, the door cracks open to the driver being only partially responsible for the collision, with possibly an even better outcome.
The bottom line is that the law looks at whether a driver had a fair and reasonable opportunity to avoid the illegally parked car, and whether the illegally parked car created a clear, unnecessary danger.
As of 2025, 46 states had comparative fault laws, where damages are apportioned based on the extent of a driver’s responsibility for the collision (specifics vary from state to state). For instance, a driver deemed 10% responsible for an accident has their recovered damages reduced by 10%. The District of Columbia, Alabama, North Carolina, Maryland, and Virginia have contributory negligence laws. If a driver is even 1% responsible for an accident, a liability claim can be nullified.
If you are harmed due to someone else’s negligence, contact our firm for skilled and thoughtful representation
