Hitting a parked car seems straightforward: you were moving, they were stopped, so you must be at fault.

Not always. Who is responsible for hitting an illegally parked car depends on where it was left, whether the parking created a hazard, and sometimes the actions of other parties. Here’s what to know.

Were you involved in a crash with a vehicle that was parked illegally? Call Smith Law Center at (757) 244-7000 for a free case review. Our team can review what happened and explain your options.

What Counts as Illegal Parking and How Does It Cause Accidents?

Illegally parked vehicles create dangerous situations because drivers have no reason to expect a stopped car in those locations. A car left somewhere it has no business being gives other drivers little warning and even less time to react.

Common examples of illegal parking include:

• Stopping in a travel lane, crosswalk, bike lane, or bus stop;
• Parking within 15 feet of a fire hydrant;
• Double-parking on a busy street;
• Blocking an intersection or fire lane;
• Leaving a vehicle on a highway shoulder without hazard lights;
• Parking on a curve or hill where visibility is seriously reduced; and
• Disregarding posted no-parking or no-stopping signs.

Drivers have no reason to expect a stopped car in any of these locations. A vehicle in a travel lane, blocking a stop sign, or sitting on a highway shoulder gives other drivers seconds to react, sometimes less. Where the car was parked and whether that location was clearly off-limits directly affects who is held responsible.

Am I at Fault for Hitting an Illegally Parked Car?

Generally, yes. Drivers are expected to avoid parked cars, regardless of where they are stopped, and striking one is treated as evidence of a failure to do so.

However, if the parked car was left somewhere it did not have a legal right to be, the driver who parked illegally may also share fault for the crash.

When Is the Parked Car Owner at Fault?

A driver who parks illegally can be held partially or fully responsible for a crash that results from that decision, particularly in situations like these:

• Blocking a travel lane or intersection. A car left in an active lane forces other drivers to react and maneuver with little warning, particularly at night or in poor visibility.
• Parking in a no-stopping zone or fire lane. These restrictions exist because stopping there puts other people at risk. A driver who ignores them has played a direct role in causing the crash.
• Parking on a highway or high-speed roadway. A vehicle left on a highway shoulder or merge lane without hazard lights gives approaching drivers almost no time to respond.
• Blocking sight lines on a curve or hill. A car parked where it obscures traffic signals, signs, or oncoming vehicles removes information that other drivers need to make safe decisions.

Who Else Can Be Held Responsible for an Accident Involving an Illegally Parked Car?

In some cases, fault does not rest with the two drivers involved. Depending on where the accident occurred, additional parties may share responsibility for what happened.

Property owners have a legal duty to keep their premises safe for drivers. A parking lot with inadequate lighting, faded lane markings, or a confusing layout can make collisions with parked vehicles both foreseeable and preventable. A property owner who ignores these issues may be held partially liable if an accident occurs.

Municipalities and government entities can also be liable in certain circumstances. A jurisdiction that fails to post adequate signage, maintain functional streetlights, or address known parking hazards on public roads may have played a role in the accident.

Other drivers are sometimes involved as well. A third vehicle that forced you to swerve, or a driver who directed you into a lane without seeing the parked car, could share responsibility for the crash.

Hitting an illegally parked car does not mean you are fully responsible for what happened. If the other driver's parking created the hazard, act now to pursue the compensation you deserve. Call Smith Law Center at (757) 244-7000 for your free, no-obligation case evaluation and immediate support.

Who Determines Fault in These Accidents?

Several parties are involved in determining who is responsible if you hit an illegally parked car.

• Law enforcement responds to the accident, documents the scene, and notes any parking violations in their report. That report matters, but it is not the final word on liability.
• Insurance adjusters review photos, police reports, witness statements, and vehicle damage. Their job is to protect their company's bottom line, not to make sure you are treated fairly.
• Courts step in when a case goes to litigation. Attorneys on both sides can introduce surveillance footage, witness testimony, traffic analysis, and expert opinions to establish what actually happened.

How Insurance Handles Illegally Parked Car Accidents

Insurance companies do not automatically assign fault based on which car was parked. Each company conducts its own investigation and reaches its own conclusions, which may not align with the police report or reflect the full picture.​

If you carry collision coverage, your insurer may pay for your vehicle repairs regardless of fault, though you will likely be responsible for your deductible unless fault is shifted to the other driver. If the parked car owner is found partially or fully at fault, a claim against their liability coverage may also be available.

One important thing to keep in mind: insurers on both sides are looking to minimize payouts. The other driver's insurer has no obligation to look out for your interests, and even your own insurer may use your recorded statements or early communications to reduce your payout.​

Before you speak with any adjuster, it is worth understanding what your policy covers and your rights.

What Injuries Can You Sustain When Hitting a Parked Car?

Not every crash involving a parked car happens at high speed. Some occur in parking lots or residential streets at low speeds, while others involve highway collisions at full speed. The injuries that result vary widely depending on the circumstances.

Even low-speed impacts can cause:​

• Whiplash and soft tissue injuries to the neck and back;
• Wrist and hand injuries from bracing against the steering wheel;
• Knee injuries from contact with the dashboard; or
• Concussion or mild traumatic brain injury, particularly if airbags deploy.

Higher-speed collisions with illegally parked vehicles, such as those on highway shoulders or in active travel lanes, carry a greater risk of severe injuries, including:

• Spinal injuries,
• Broken bones,
• Traumatic brain injury, or
• Internal injuries.

Symptoms from some of these injuries may not be immediately apparent. Seeking medical attention after any crash, regardless of how minor it seems, creates a record that connects your injuries to the accident and protects your ability to pursue compensation later.

How Virginia’s Contributory Negligence Law Affects Illegally Parked Car Accidents

Once fault is determined, Virginia law decides how much you can recover.​

Virginia follows a contributory negligence standard, one of the harshest fault frameworks in the country. Under this rule, an injured driver who bears any percentage of fault for an accident is generally barred from recovering damages from other at-fault parties.​

That matters considerably in collisions involving illegally parked cars. Even when the parked vehicle contributed to the accident, if a car is parked illegally and you hit it, you may still lose the right to recover entirely if you are found even slightly negligent for driving too fast, failing to watch the road, or not reacting appropriately.

What Should You Do After Hitting an Illegally Parked Car?

Regardless of where the other car was parked, Virginia law requires you to stop, identify yourself, and report the accident. Leaving the scene before doing so is a hit-and-run, which carries criminal charges, fines, and license penalties. Beyond that, here is what you should do.

• Attempt to contact the vehicle owner. Check for the owner nearby. If the vehicle is unattended and the owner cannot be located, leave your name, contact information, and insurance details in a visible location on the vehicle.
• Document everything. Photograph the scene from multiple angles, capturing the parked car's position relative to lane markings, signage, and any relevant road features. Record the time, weather, and lighting conditions. If there are witnesses, collect their contact information.
• Report the accident to your insurance company. Most policies require notification within 24 to 72 hours of the incident.
• Do not give recorded statements without counsel. Insurance adjusters may contact you quickly after the accident. A recorded statement made before you understand the full scope of your liability can be used against you later.

Questions You May Have About Illegally Parked Car Accidents

What if I hit an illegally parked car and I couldn't find the owner?

Leave your name, phone number, and insurance information secured to the vehicle in a visible place, and photograph the note before you leave. Report the accident to local law enforcement if injuries were involved or if Virginia law requires it in your situation, and notify your insurance company within the timeframe your policy specifies.

Is the owner responsible if the parked car is unoccupied or abandoned?​

Possibly. A car does not need to be occupied for the owner to be responsible for where it was left. If someone parks or abandons a vehicle in a place that creates a hazard for other drivers, they may share fault for a resulting crash.​

What matters is whether the vehicle's location contributed to the accident. A car left in a travel lane, blocking visibility, or parked where stopping is prohibited, can still play a role in determining responsibility, even if the owner was not present at the time.​

How does fault work when multiple vehicles are involved?​

More than one party may share responsibility. You might hit an illegally parked car and be pushed into another vehicle, or another driver may strike you after traffic slows suddenly.​

Fault depends on how the crash happened and who contributed to it. The illegally parked vehicle may still be considered a contributing cause if its position created the obstruction that led to the initial collision.

Does it matter how long the car was parked illegally before the crash?

Sometimes. The amount of time a vehicle was parked illegally can affect how investigators view the situation. A car that was stopped briefly due to a mechanical issue may be treated differently from one that was left blocking traffic for an extended period.

For example, a driver who pulls over because of an emergency may not face the same level of responsibility as someone who knowingly leaves a vehicle in a restricted area. Authorities often look at whether the driver took reasonable steps to reduce danger, such as activating hazard lights or moving the vehicle as soon as possible.​

Investigators may also examine whether the vehicle had been reported as abandoned or had been sitting in the same location long enough to create a known hazard. These details can influence how fault is evaluated after a collision involving an illegally parked car.

How can I recover damages for my injuries after hitting an illegally parked car?

Your own collision coverage may apply regardless of fault. When the parked car owner or another party contributed to the accident, a personal injury or property damage claim against them may also be available. The type of claim and who it is filed against depend on where the accident happened and who created the hazard.

When should I seek legal advice?

As soon as possible after the accident. These cases involve multiple potential parties, conflicting insurance interests, and, in some situations, strict filing deadlines. An attorney can help you understand who is liable, what your claim covers, and what steps to take before you speak with anyone from an insurance company.

Talk to a Virginia Car Accident Attorney at Smith Law Center

Smith Law Center has represented injured Virginians since 1949 and recovered more than $1 billion in verdicts and settlements. If you were hurt in a crash involving an illegally parked car, our attorneys will investigate what happened, identify who is responsible, and fight for the compensation you deserve.

Call (757) 244-7000 or contact us online to schedule a free consultation.