Is it the driver's fault if he hits an illegally parked car in a parking lot?

%DETAILS% Answer Yes, it is. Liability can't be assessed to an inanimate object. The owner of the illegally parked car isn't inanimate, of course, but it would still not give the driver of the moving vehicle the "right" to hit the parked vehicle As I noted in a similar question, recently one of the larger insurance carriers has been applying fault to the owners of illegally parked vehicles.To my knowledge, that carrier hasn't won a single arbitration for doing so, and has been forced to pay the claims in full On the other hand, there could be certain circumstances where negligence -- or, at least, comparative negligence -- could be applied to the owner of an illegally parked vehicle.

For instance, the car is parked on a blind curve in a no-parking zone, or of course it's parked illegally and has endangered public safety (in front of a fire hydrant, for instance) If, however, this is just a case of a driver striking an illegally parked car because the car was blocking his way, or the driver was going through a parking lot and didn't expect to see the parked car, the driver would be found at-fault. Look at it this way: Every driver of a moving vehicle has to be cautious and prepared for the unexpected. Suppose it wasn't a parked car, but a kid on a bicycle or a pedestrian.

In that sense, "right-of-way" takes on a whole new meaning.

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