Who is at fault when hitting a parked car? In the majority of cases, the driver of the moving vehicle is liable. However, certain factors can shift the blame and change how much compensation drivers are eligible to recover.
New York is a state that follows contributory negligence. Section 1411 of New York’s Civil Practice Law & Rules (CVP) states that recoverable damages will decrease based on how much the victim’s actions contributed to an accident.
Whether you collide with a parked car or your vehicle was hit by another driver, confer with a qualified accident attorney. Legal experts help you distinguish liability and work with insurance companies to negotiate fair settlements.
Who Is at Fault If the Car Is Illegally Parked?
Examples of illegal parking in New York include stopping in:
- Bus or fire lanes
- Two spots (double parking)
- Driveway entrances
- An intersection, crosswalk, or railroad
- Handicap spots without an appropriate permit
- Loading zones
Despite being parked in an illegal area, the driver of the moving vehicle usually bears 100% of the blame. This is because drivers possess a duty to control a moving car at all times. Therefore, parking illegally does not make the other driver comparatively at fault for the collision.
Was the Vehicle Visible to Other Drivers?
Keep in mind: stopping in an illegal zone is negligent behavior. If the illegally parked car was difficult for other drivers to see, that driver shares comparative fault for the collision.
For example, imagine a car illegally parked behind a large piece of equipment. As a result, the vehicle is less visible to oncoming traffic, so the driver will share partial liability for the accident.
The driver of the illegally parked car can be 100% liable if their vehicle is impossible for other drivers to see. The driver should have foreseen that others would not see their vehicle, therefore causing a wreck. This happens when vehicles stop after a blind curve or park without lights on at night.
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Did the Crash Occur in a Parking Lot or Garage?
EHS Today reports more than 50,000 crashes occur when driving through a parking lot or garage every year, causing over 60,000 injuries. Reversing from parking spaces, parallel parking, and sideswiping are the most frequent parking lot accidents.
The same rule applies to parking lot collisions as on the roads: the moving vehicle holds 100% of the fault.
The reasoning is because the driver in the moving vehicle had a chance to see the stationary car. If the car is visible and could have been avoided, the driver is at fault for the accident.
What Damages Occur Due to Hitting a Parked Car in New York?
Vehicle damage after a collision varies based on:
- Where the car was hit
- The speed of the other vehicle
- The size and weight of the vehicle that collided with the parked car
If your stationary car was hit by another vehicle, you can sue the other driver to compensate for your damages. Accident damages often include:
- Injuries to yourself or other passengers inside the car at the time of the collision
- Lost wages or income due to accident injuries
- Property damage (such as scratches, dents, bumper destruction, shattered windshield, and broken side windows)
To assure you receive fair compensation after your parked car is hit, partner with an experienced New York attorney.
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Someone Hit My Parked Car in New York, Now What?
If another driver collides with your stationary vehicle, call the police right away. The officers will file an official police report, which you can use to collect damages.
Take photos at the scene of the car accident. Record notes about the collision, such as the location, time of day, and weather conditions. Don’t forget to exchange contact and insurance information with the other driver.
Since another driver hit your parked vehicle, you should be eligible for compensation. You can work with the insurance company directly, or you can file a property damage claim with an accident lawyer. A legal expert will use the police report to confirm the other driver’s liability and arrange fair compensation for your damages.
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Let a New York Accident Attorney Review Your Accident Claim
Due to New York’s comparative negligence law, determining who is liable when hitting a parked car can be complicated. If your stationary vehicle was hit by another driver, speak with a New York car accident lawyer. Legal experts can review your claim and help you obtain the compensation you deserve.