Fault in Illegally Parked Vehicle Accidents

When two or more vehicles are involved in a car accident police are called to the scene and an accident report is filled out. Using the details from the accident police determine who is at fault for causing the accident. As soon as fault is established the victim can proceed with filing a claim for compensation. However, when it so happens that an accident occurs when one of the vehicles is illegally parked determining fault can be tricky. This article will discuss determining fault when a car accident involves an illegally parked vehicle.

If you are injured in a car accident where one car was illegally parked, it is likely that you will need good personal injury attorneys to review the details of your case and recommend the best course of action. When a driver parks their vehicle in a no-parking zone or is parked illegally in an area where there is heavy traffic this increases their chances of being hit by another vehicle. The driver who hit the parked vehicle may assume that the owner of the parked vehicle is at fault for the accident as their car should not have been parked where it was in the first place. However, in most cases both drivers are at fault as they both have shared negligence for the accident incident. With regards to the owner of the parked vehicle, he or she should have known better than to park in an illegal spot. As for the driver who hit the parked vehicle, he or she should have paid closer attention to their surroundings in order to avoid the accident completely.

In cases where both parties are considered to be at fault for the accident the insurance company must assign a percentage of fault to each driver. This will therefore determine how much each driver’s liability insurance will pay. The state of Alaska is a comparative negligence state, therefore, the driver who hit the car and the owner of the illegally parked vehicle can receive compensation as negligence is shared. A percentage of fault is allocated to each party and each pays their share of the other’s damages.

In order to prove negligence, it is necessary to prove the following on the part of the owner of the parked car:

The other driver owed you a duty of care or responsibility which includes obeying traffic laws and parking regulations

There was a breach of duty where parking was in an illegal spot violating traffic laws and disregarding driver safety

If the breach of duty caused the accident, there must be proof that the accident could have been prevented had the owner of the vehicle parked in a legal spot.

The damages were as a result of the crash caused by the illegally parked vehicle

It is important to note that the more documentation that a victim can provide strengthens the case in proving fault of the other party. Important documentation to provide includes the following:

Photographs of the scene of the accident and damage to the vehicle

Witness testimonials

Police reports

To recover compensation for damaged property in a car accident, speak to a car accident property damage attorney.