Hit a truck illegally parked in a home depot parking lot. Is there any liability on the party parked illegally?

Asked almost 2 years ago - Vacaville, CA

A truck parked in a no parking spot ignoring the no parking sign age . As I backed out realized I was net going to make it but was unable to stop before making contact , which was minor . My bumper was pushed bent and dented his door panel . Very minor damage and can be popped out from the inside . My insurance is paying claiming I'm at fault . There's no vehicle code that says I'm at fault . Does this other driver , who knowingly parked illegally , bear any responsibility for the collision by parking illegally ? Or can people park however they want and damn the consequences ?

Additional information

Has anyone sued in a situation such as this claiming the illegally parked vehicle was a contributor to the accident and won? Could Home Depot, where the accident occurred be held liable for not enforcing their no parking policy?

Attorney answers (11)

  1. 12

    Lawyers agree

    Answered . That car was not moving and you hit it. If it were a rock or a sign or a child would you be at fault?
    Since the damage is small, count your blessings and move on.

  2. 12

    Lawyers agree

    Answered . The "last clear chance" doctrine frequently applies to a person not originally the cause of an accident, but that could have avoided it.

    A parked vehicle generally has no chance to avoid an accident . . .

  3. 11

    Lawyers agree

    Answered . You hit a parked vehicle. Its hard to argue that you are not liable. On the other hand, you have an argument that the truck was also "at fault" or "negligent" or "liable," however; it would be a far reach to claim that the parked vehicle was more at fault than you.

    no attorney client relationship has been formed.
  4. 8

    Lawyers agree

    Answered . Unfortunately, you probably still have some liability, but if you have auto insurance, which is required by law in California, let your insurance company deal with it, although you will be responsible for any deductable? If the damage to the truck is not too great, try making a deal with the other driver, 50/50 as he was parked illegally and but for that, the accident would not have occurred. That way you can avoid any increased premium or the risk your carrier will drop you for having a claim?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  5. 8

    Lawyers agree

    Answered . The consequence would be a parking ticket. Other potential consequences depend upon the facts. So if the truck parked illegally and as a result a person exiting the store wouldnt be seen by a driver coming across the pkg lot, and the person gets hit, the truck could be sued as part of the cause. If you were backing up, and suddenly the trusk pulled in behind you in a spot it shouldnt be parking in, the truck could be at fault.

  6. 9

    Lawyers agree

    Answered . Unfortunately your last sentence most likely sums it up

  7. 9

    Lawyers agree

    Answered . Being that you struck a parked car you're at fault.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  8. 7

    Lawyers agree

    Answered . I am sorry but unfortunately, it seems like the consensus of opinion is that you are in the wrong. Additionally, your insurance carrier is saying the same thing.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  9. 8

    Lawyers agree

    Answered . Unlikely, but simply let your insurance company to resolve.

  10. 7

    Lawyers agree

    Answered . Unfortunately you hit the car so technically you are at fault.

  11. 6

    Lawyers agree

    Answered . Based on your posting, it appears you are completely at fault. You are not supposed to hit fixed objects, regardless of their location. Let your insurance company resolve this matter for you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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