Who is at fault for hitting a car parked illegally?

Most car accidents involve two vehicles that are in motion. However, there are also situations where a driver can collide with a parked or unattended car. When the car is legally parked in a designated parking area, the driver who hit the parked vehicle will be held liable. And even if the damage is relatively minor, the person responsible is expected to do everything possible to locate the owner and call the police to report the incident.

But what happens when someone collides with a vehicle that was parked illegally? Many people may think that, in these situations, the culprit will be the owner of the car parked incorrectly. Unfortunately, although it may seem unfair, this is not the case.

The fact that a car is badly or illegally parked is not an excuse or justification for another driver to collide with it. In this type of situation, the responsibility will be divided between both parties. The percentage of blame assigned to each party will depend on the investigation that will be carried out or, if the situation escalates to a lawsuit, on the decision of a judge. In shared liability, you may still have a chance to recover compensation for damages, although not 100 percent.

In Texas, what is known as comparative negligence is used, where if both parties were 50% at fault for the accident, it would still be possible for them to file a claim for partial recovery of damages. However, if you were more than fifty percent at fault for the accident, the possibility of obtaining compensation would disappear.

Within the Texas Transportation Code, it is established that if you collide with an unattended car, you must stop immediately, locate the owner, and exchange contact information. This applies even if the vehicle is illegally parked since the driver is expected to act in good faith. What you should never do is run away after hitting a parked vehicle, as this will be used against you and will aggravate your case.

Zant Law Firm has over two decades of experience in a variety of personal injury accidents, and among the most common are car accidents. We will do everything we can to ensure you receive the outcome you deserve.

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