What Happens If An Illegally Parked Car Causes a Crash in Texas?

It is not uncommon to see cars parked on the side of a road in Texas. Sometimes, people do so because they think it will take just a few minutes to run inside. Other times, they do not know they are violating the law. However, when that vehicle is illegally parked, and an accident happens as a result of that position, it can be a bit more confusing than you expect to determine who is at fault. Call a Houston car accident lawyer to discuss your case.

Determining Fault in a Car Accident

In every car accident, a police officer’s objective when reporting to the scene is to determine who made a mistake that caused the accident. It may seem that the car was illegally parked, which caused the accident. However, the driver of the other vehicle has the responsibility to pay attention to the roadway and ensure that they are safely operating.

That is, in many situations, the presence of the car is an obstacle, but that does not mean the other driver can strike it or that they are not liable for the damage they cause to another car if they hit it. In short, the driver of the other vehicle must maintain safety and operate the car in a way that avoids such accidents.

Comparative Negligence Could Be a Factor

In some situations, the court may find that the illegally parked driver was partially at fault for the accident. If the police officer (or, later, the court) determines that both parties share some level of responsibility for the accident, comparative negligence rules apply. These rules indicate that two people are responsible for the accident, and fault is divided between them.

Most of the time, you will be assigned a percentage of fault. For example, if the police determine the illegally parked driver is responsible for the accident, they may assign that driver 20% of the fault. That means that the driver is not owed compensation for 20% of the damages they would claim.

Third-Party Cases

In some situations, there are more than two cars involved. For example, if an illegally parked car sits near an intersection, and you try to go around that vehicle and strike a third car, you may be held responsible for all of the damage caused to the third car. The key here is to consider the circumstances.

If you went around the illegally parked car but did not check before you did so, you are responsible for the accident. Though the illegally parked car was present, it was not the cause of the accident. It was an obstacle. The same would apply if a storm recently blew down a tree into the street. If you decide to go around that tree and strike another driver in doing so, that tree is not responsible, but you are.

The Complexities Come Down to the Details

In car accidents like this, it is critical to reach out to an attorney who will investigate what occurred and why. Using their evidence, it will be possible to better understand your rights to seek compensation against the party that hurt you or caused your injury. Many times, an illegally parked car can be a risk to others on the road as well, and taking action to report it could be life-saving to others.