If you think of a car accident, you likely picture a bumper bashing or pile-up on the interstate. However, a car accident can also include hitting a pedestrian in a parking lot or crashing into a stationary car.
Some drivers park their cars in a prohibited or unsafe location for whatever reason. Unfortunately, even though the driver is also to blame, you may share liability after hitting an illegally parked car.
That said, according to Oregon’s 51% rule, you may still be able to sue (file a claim) if you sustain injuries or damage to your car.
What Does Illegal Parking Mean?
In Oregon, parking in a traffic lane is illegal, whether on a highway, road, or street. Drivers are also prohibited from parking in an intersection or double parking on the roadside. Oregon does not allow drivers to park on a sidewalk or crosswalk. You cannot park on a bicycle lane, path, railroad track, bridge, or inside a tunnel.
These are but a few examples of illegal parking. There are specific parking rules related to proximity to fire hydrants, driveway entrance to a fire station, traffic signals, and crosswalks.
If a driver’s car breaks down, the law does allow for parking temporarily in a place where parking is not usually allowed. But, the vehicle must not become a hazard for other road users.
What Happens If You Hit an Illegally Parked Vehicle?
Oregon follows a modified comparative negligence system when it comes to car accidents. This system makes establishing fault and calculating compensation amounts easier after car accidents.
With the system, also known as the 51% rule, each party involved in an accident is assigned a percentage of blame. This percentage is based on their actions before the accident.
If a driver is found to be more than 51% at fault for an accident, they cannot recover compensation from the other party. If the driver is less than 50% at fault, they can claim compensation, but their settlement will be reduced by their fault percentage.
So, if you hit an illegally parked car and are found to be 60% at fault, you cannot sue the illegally parked driver. If you are 40% at fault, you can recover only 60% of your required settlement. If your damages equal $100,000, you will only get $60,000 if your legal claim is successful.
When Can You Sue?
Generally speaking, you can sue the driver of an illegally parked car if they:
- Parked in a fire lane, blocking visibility.
- Stopped in a way that obstructs traffic or causes a hazard to other road users.
- Parked in a ‘no parking’ zone.
It is important to note that even if the driver parked illegally, you must prove that their actions played a major role in causing the accident.
You Need Evidence to Prove Your Case
Proving that the other driver’s illegal parking caused the accident requires substantial evidence. You will have to:
- Take photos of the illegally parked car and the accident scene. You should include relevant traffic signals and road signs, especially if they prohibit parking in the area.
- Get statements from bystanders who saw the accident happen. They will be able to testify that the other driver was illegally parked.
- Ensure that the police report notes the location and circumstances of the illegally parked car.
- Obtain dashcam footage, if available, as video evidence to support your case.
When Are You Likely to Succeed With Your Claim?
Illegally parked car crashes are complicated. However, your chances of successfully recovering compensation may improve if:
- The car was parked in a restricted area.
- Your view of the car was blocked, preventing you from avoiding the collision.
- The car created a hazard that forced you to swerve.
Still, success is not guaranteed. Your actions will be scrutinized to determine whether you took reasonable steps to avoid the accident.
Filing an Insurance Claim
Before you file a legal case, you should file a claim with your or the other driver’s insurance company.
If you have your own collision insurance, it should cover the damage to your car. You will still have to pay a deductible. If you go this route, your insurer may seek reimbursement from the other driver’s insurance company.
If the other driver does not have insurance, your uninsured motorist coverage will kick in.
If the other driver’s illegal parking caused the accident, you can file a third-party claim with their insurer. You must hire a lawyer to help you with this process and have the necessary evidence.
If the at-fault driver’s insurer refuses to pay because they want to argue over liability, you may have to file an official lawsuit.
What to Consider Before Suing
Filing an official lawsuit may seem like the next logical step, and in some cases, it is. But, there are several factors to consider before you file. For one, lawsuits are not cheap. You will have to fork out thousands, if not hundreds of thousands, of dollars for legal representation. You must also pay court fees, admin costs, and other miscellaneous expenses.
Ensure that your potential settlement justifies these expenses. Otherwise, you will not be able to recoup all your losses.
Secondly, you must prove that the negligence of the illegally parked car owner played the biggest role in the accident.
It will not be easy to prove if the parking violation was minor. It will also be difficult to prove if your actions significantly contributed to the crash.
Before you decide to sue (file a lawsuit), consider other affordable alternatives. These include negotiation, mediation, or arbitration.
If the insurer refuses to pay, your lawyer can request more negotiation time. Mediation may be the way to go if this does not result in a fair settlement offer. A mediator can help resolve the dispute without you going to court.
Should the insurer still refuse to pay, arbitration may work. Arbitration is similar to a closed trial, except an arbitrator resolves the dispute, not a judge.
Hitting an Illegally Parked Car Does Not Automatically Mean You Are at Fault
In most cases, Oregon’s comparative negligence laws will allow drivers to share liability in an illegally parked car crash. This means you will likely be able to recover damages even if you are partly to blame for the accident.
The best way to move forward, whether through insurance claims or legal action, is to get the advice of an experienced lawyer. Your lawyer will advise you on which route is feasible and whether you can win your case.
