Who Is At Fault When Hitting a Parked Car?

On This Page

1. Exceptions to the Law Regarding Fault in a Parked Car Accident
2. Types of Parked Car Accidents We Represent
3. What You Should Do After a Parked Car Accident
4. Getting Compensation After Suffering Injuries in a Parked Car Accident
5. Our Injury Lawyers Will Fight for the Compensation You Need
6. What a Car Accident Lawyer Can Do for You

REVIEWED BY

C. William Kenny

April 04, 2022

Board certified by National Board of Trial Advocacy

When an accident occurs and the other vehicle is a parked car, it is usually easy to determine fault. The general rule is the driver who hit the parked car is at fault for the accident because the driver of the vehicle who hit the parked car had the opportunity to avoid doing so.

A driver’s duty is to pay attention at all times, avoid distractions, and have a fast reaction time. Therefore, a driver should be able to see and avoid a parked car. If you have been involved in a parked car accident, a personal injury attorney can help you pursue a claim.

Exceptions to the Law Regarding Fault in a Parked Car Accident

Of course, there are exceptions to every rule. In Pennsylvania, comparative negligence is used to determine who is at fault if you hit a parked car.  Comparative negligence is a principle of tort law that states when an accident occurs, the fault and/or negligence of each party involved is based upon their contributions to the accident.

This principle would be used if the question would arise if the parked car could somehow be at fault. This would be if the car was parked illegally.

Types of Parked Car Accidents We Represent

Some types of parked car accidents we have helped clients with in the past include:

• Parallel parking accidents
• Parking garage accidents
• Backing out of a parking spot accidents
• Pulling into a parking spot accidents
• Accidents involving parked cars on the side of the road
• Striking a car that is pulled over on a highway

Injuries You Could Include in Your Claim

You may not think a parked car accident could result in serious injuries, but that is not the case. When a car is stopped, even the smallest impact can have devastating effects on a vehicle and the victim inside. Injuries from a parked car accident can include:

• Whiplash: Whiplash is a neck injury caused by forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.
• Arm and elbow injuries: These can occur from bracing the steering wheel when an impact is about to occur.
• Hand and wrist injuries: These types of injuries can occur from hitting contact points inside a vehicle.

If you suffered an injury as a result of someone striking your parked car, you may be entitled to compensation.

What You Should Do After a Parked Car Accident

It is important to follow the below tips for your best chance at having a successful claim against the at-fault party:

• Medical Treatment: No matter how minor the accident may have been, seeking medical attention is important to diagnose any underlying injuries that might not be immediately apparent. Keep a journal of your injuries and doctor’s reports.
• Report Your Accident: Contact your insurance company and let them know someone had struck your car.
• Documentation: Take pictures of the accident scene and of your injuries, and      get the names of the witnesses, if possible. You should also exchange information with the at-fault driver as well.
• Protect Yourself: Do not discuss your accident with too many people and especially on social media.
• Contact an Attorney: Contact an experienced car accident attorney as soon as possible to review your claim. It is important to hold negligent parties accountable for your injuries.

Getting Compensation After Suffering Injuries in a Parked Car Accident

If you suffered an injury in a parked car accident, you may be able to pursue compensation. Compensation is the payment given to the injured party as a result of the losses they sustained due to the accident.

There are two different types of damages: economic and non-economic.

Economic damages include:

• Lost wages or benefits
• Lost employment
• Medical expenses
• Funeral expenses

Non-economic damages include:

• Reduced quality of life
• Pain and suffering
• Disability
• Disfigurement

Since each case is different, your compensation will be dependent upon your case’s specific factors.

Our Injury Lawyers Will Fight for the Compensation You Need

Insurance companies can be quick to deny claims. They will try to place the blame on the accident victim in order to protect their insured. This is where a personal injury attorney can help your claim.

Our attorneys are experienced with comparative negligence and use this principle to win cases. When an event causes injuries, one of the first questions on most people’s minds is: “Who was at fault?” Comparative negligence refers to whether an injured person can recover damages even if they are partially at fault for the accident.

Under the Pennsylvania comparative negligence rule, you can recover damages if you were 50% or less at fault. If you are found more than 50% at fault for the accident, you will be unable to seek compensation for damages or injuries sustained in the accident. Because comparative negligence can be somewhat complex, it is important to hire a personal injury lawyer.

What a Car Accident Lawyer Can Do for You

Our car accident attorneys can help you with your case by:

• Evaluating your case
• Conduct an investigation
• Filing all paperwork and notifying all liable parties
• Negotiate with the insurance company
• File a lawsuit if needed

Our attorneys are committed to winning cases for accident victims.

Call Berger and Green for a Free Case Review Today

The car accident lawyers at Berger and Green can answer all your questions about comparative negligence and help you pursue compensation for your injuries. There is never a fee unless we win your case. Call us today.