Personal injury car accident cases can be complicated, and the answer to who is at fault isn’t always clear to both parties. When a driver hits a parked car they are usually at fault, but what happens if the other vehicle is parked illegally?
Imagine this scenario: a person is driving through the city at night. This area of town is poorly lit, and it is difficult to see parked cars. This wouldn’t be a problem if they were all legally parked along the side of the road, but one car is illegally double parked and juts out into the street. The driver doesn’t have time to maneuver their car out of the way, so they hit the other vehicle. This accident causes injuries that leave one of the parties out of work and unable to perform daily tasks without assistance. Both parties believe the other is responsible for the accident. So who’s right?
Real-World Examples: When Double Parking Turns Dangerous
You might be surprised how often these situations happen. Picture a delivery truck double parked in a narrow lane during morning rush hour. A commuter swerves slightly to avoid the truck but clips it anyway, resulting in a collision. Or think of a car left idling just past a blind curve—technically parked, but dangerously so. These aren’t just hypotheticals. Our Vehicle Accident Injury Lawyers in MN have seen dozens of claims where illegally or questionably parked cars contributed directly to preventable accidents.
In each case, the central question becomes: If you hit a double parked car who’s at fault? It depends. The law looks at whether the driver had a fair opportunity to avoid the hazard and whether the parked car created a clear, unnecessary danger. This is where comparative negligence comes into play, and where the experience of a Minnesota car accident attorney can make or break your claim.
Determining Comparative Negligence
In most cases, the driver of a moving vehicle is at fault when hitting a parked car. This certainly applies to any car that is parked legally, and it may also be the case for cars that are illegally parked. If a parked car is visible to drivers, anyone who hits the car will likely be 100% at fault for the accident. However, if the car is illegally parked in a way that makes it difficult to see, such as in the example above, the driver may not be completely at fault for the accident.
According to Minnesota’s negligence laws, a driver who has been assigned less than 50% fault in an accident may recover compensation. This is more likely with the assistance of a Minnesota car accident attorney. This means that an injured driver who hit an illegally parked car due to lack of visibility may be able to pursue a personal injury case to cover their expenses. Many of these cases occur at night when visibility is reduced and the illegally parked vehicle poses an inherent safety risk based on its location. If you were recently involved in this type of accident, we recommend speaking to Minnesota car accident lawyers right away.
A driver or passenger in an illegally parked or idling car may also be able to recover compensation if they are determined not to be at fault. The other driver has a responsibility to alter their vehicle’s path to avoid an accident, especially if your car was clearly visible. You should not be held financially responsible for your medical bills and other expenses if they were caused by a negligent driver. If you were in an illegally parked car and a distracted driver hit you, causing injuries, speak to a Minnesota car accident law firm about your options before you negotiate with insurance or accept fault for the accident.
Does It Matter If No One Was In the Parked Car?
Yes, it does. If the illegally parked car was empty at the time of the collision, liability might shift more heavily toward the moving driver, depending on visibility and environmental factors. However, if someone was sitting in the illegally parked or idling vehicle, and especially if that person was injured, fault assessments grow more complicated.
Let’s say a passenger in an illegally parked car is seriously hurt in a crash. In this case, both the driver of the moving car and the person who parked illegally may share responsibility for those injuries. If you’re the injured party, understanding who is financially responsible can feel overwhelming. That’s where Fatal Car Accident Lawyers in MN step in—not just when lives are lost, but when severe injuries disrupt the lives of everyone involved.
What About Insurance? Navigating Coverage After an Illegally Parked Car Accident
One common misconception we hear is that insurance won’t cover damages if one of the vehicles was parked illegally. That’s not always true. In Minnesota, Personal Injury Protection (PIP) coverage is mandatory. It typically applies no matter who was at fault, providing initial financial support for medical bills and lost wages.
However, if serious injuries or disputes over fault arise—especially if you hit an illegally parked car—it’s critical to involve a Minnesota car accident attorney early. Why? Because your insurance company may try to minimize payouts, or the other party may file a counterclaim. When insurance adjusters are involved, even a seemingly simple claim can become complicated quickly.
Also, if you were driving and your accident involved a fatality, you might need to consult with Fatal Car Accident Lawyers in MN who understand the long-term legal implications, including potential wrongful death claims.
Car Accident Attorneys in Minnesota
At Sieben Edmunds Miller, our attorneys excel in handling comparative negligence and personal injury cases. We offer our skilled legal services to clients in Minnesota and Wisconsin who have been injured in car accidents and are facing financial difficulties as a result. Whether you’re dealing with a straightforward claim or a highly complex case, our lawyers are equipped to manage it all.
Comprehensive Legal Support for Car Accident Victims
Understanding who is at fault in a car accident, especially involving an illegally parked car, can be challenging. If you hit an illegally parked car, who is at fault? The answer isn’t always straightforward and can vary based on the circumstances of the accident. Our legal team has extensive experience in determining fault in such scenarios and will guide you through the process.
Determining Fault in Illegally Parked Car Accidents
If you hit an illegally parked car, the immediate question often is, who is responsible if you hit an illegally parked car? Generally, the driver who hits the parked car may share some level of fault for the accident. However, the owner of the illegally parked car may also be held liable for creating a hazardous situation. Our attorneys meticulously investigate the details of each case to ensure that all responsible parties are identified.
Legal Strategies Tailored to Your Case
We recognize that settling a case before trial is often in the best interest of our clients. However, our approach involves preparing each case with the utmost thoroughness and aggressiveness as if it will go before a judge or jury. This strategy ensures that we are always ready to pursue what is financially fair for you, whether through settlement or litigation.
Financial Relief for Injured Clients
For those injured in car accidents, financial struggles can add to the physical and emotional toll. What happens if you hit a car that is illegally parked and are injured? Our attorneys understand the intricacies of these cases and work tirelessly to secure the compensation you deserve. We aim to alleviate your financial burdens by pursuing claims against all liable parties.
Experience in Handling Complex Personal Injury Claims
Our Hit and Run Accident lawyers have the experience to manage a wide range of personal injury claims, from simple to highly complex cases. If you hit an illegally parked car, understanding who is at fault can be a nuanced issue that requires legal skill. We are committed to exploring all avenues to achieve the best possible outcome for you.
Frequently Asked Questions About Hitting Illegally Parked Cars
Q: Who is responsible if you hit an illegally parked car in a private lot?
Private property cases add another layer of complexity. Even if a car is parked where it shouldn’t be—like in a fire lane or no-parking zone—the driver who hits it may still be found partially at fault. Property owners may also share liability if poor signage or lighting contributed to the accident.
Q: What should I do immediately after hitting an illegally parked car?
Stay calm, document everything, and notify law enforcement. Take photos of the scene, including visibility issues and parking signs—or lack thereof. Don’t assume you’re automatically at fault or admit guilt at the scene. Instead, speak to a qualified attorney who can evaluate your case in context.
Q: Can I still recover compensation if I was partially at fault?
Yes. Thanks to Minnesota’s comparative negligence laws, you can pursue compensation as long as you were less than 50% at fault. Your total damages will be reduced by your percentage of fault, but that’s far better than receiving nothing.
Q: If you hit a double parked car, who’s at fault—especially if the car was in a lane of traffic?
Courts will assess whether you had enough time to see the obstruction and whether the parked vehicle was clearly violating traffic laws. It’s not cut and dry. Legal guidance is essential to ensure your side of the story is heard.
Q: Do I need a lawyer even if the accident didn’t cause major damage?
Sometimes, yes. Property damage claims can escalate if the other driver alleges injuries later on. Working with Vehicle Accident Injury Lawyers in MN early ensures you’re not blindsided by unexpected claims.
Why Choose Sieben Edmunds Miller?
Choosing the right legal representation can significantly impact the outcome of your case. At Sieben Edmunds Miller, we prioritize your best interests in every action we take. We combine our deep understanding of comparative negligence and personal injury law with a client-focused approach to deliver exceptional legal services.
Our team is dedicated to providing comprehensive legal support and ensuring that you receive the financial compensation you need to recover from your injuries and move forward with your life. Trust us to handle your case with the diligence and experience it deserves.
In summary, whether you need assistance determining who is at fault for hitting an illegally parked car or navigating the complexities of an illegally parked car accident, Sieben Edmunds Miller is here to help. Our attorneys will guide you through the legal process, ensuring that you receive the fair compensation you deserve.
Contact our car accident attorneys to discuss your case and get started.
