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Who is at fault for hitting a car parked illegally in a fire lane behind a parked car in a legitimate spotWho is at fault for hitting a car parked illegally in a fire lane behind a parked car in a legitimate spot? How long do I have to file a claim?
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Hi, I do have a question about this issue. I recently got in an accident involving an illegally parked vehicle in a parking lot. The parking space was large enough for a car to go up and a car to go down. The vehicle parked illegally on the fire lane and blocking its sign in the travel direction. This causes all coming vehicle must moved to the other side of the down coming vehicle in order to drive through. I contacted the my insurance and as a result I was found to be at 100% fault. I wanted to know why did they held me at 100% fault when the illegally parked vehicle parked in a spot that is easily to creates a hazard for approaching motorists. Attorney answers (3)
Reputation Level 11
Answered over 2 years ago.
Car / Auto Accident Lawyer in Upper Marlboro, MD.
I have had this issue arise in several cases. Under Maryland case law, the parked car would be liable only if the reason that parking is illegal at the spot is because parking there creates a hazzard for approaching motorists. If a car is double parked on a long straight road and you hit this car from behind then you would be at fault. In short, the statute against double parking is meant to keep traffic moving not to prevent an accident. On the other hand, if a car is illegally parked in the travel lane of a road with limited site distances and is struck the parked car would probably be liable.
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Reputation Level 14
Answered over 3 years ago.
Employee Benefits Lawyer in Pittsburgh, PA.
The party hitting the car parked illegally should be responsible. While the parking spot may be subject to fine, it does not relieve the party hitting the car of responsibility for negligence. If you are asking which car is at fault, the car that his the illegally parked car or the illegally parked car, I believe that the car hitting the illegally parked car is at fault. I also am assuming that your car is the car in front of the illegally parked car that was pushed into your car. You must report the accident to your insurance immediately, but it is a two year statute of limitations for damages from the accident.
1 person marked this answer as good
Reputation Level 9
Answered about 3 years ago.
Car / Auto Accident Lawyer in Allentown, PA.
Although the person who is illegally parked should receive a citation for parking improperly, the person who struck the car still has a duty to maintain control of his/her vehicle. As such, the striking driver will, in all likelihood, be responsible for the damages caused to the struck vehicle.
3 people marked this answer as good
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