• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Whiplash & Whiplash Injury St. Louis

Whiplash & Whiplash Injury St. Louis

  • Whiplash
    • What is Whiplash?
    • How Long Does Whiplash Last?
  • Symptoms
  • Treatment
    • Exercises
    • Physiotherapy
    • Surgery
  • Compensation
  • Car Accident
    • What to Do When You Get in a Car Accident
    • The Most Common Causes of Car Accidents
    • Wrong Way Car Crash
    • Why Hire a St. Louis Car Accident Lawyer?
    • Injuries
      • Brain Injury
      • Delayed Injuries
      • Head Injury
      • Leg Injury
    • T-Bone Accident
    • Uninsured Motorist
    • Who Pays My Medical Bills?
  • Blog

In an Auto Collision Because of an Illegally Parked Car. Who Is Liable?

January 27, 2020 by Christopher

If your accident involved hitting an illegally parked car, you’re probably wondering what happens next.

st. louis woman involved in accident with illegally parked car

Car collisions don’t always happen when two moving cars crash into each other. You can collide with parked cars, and even other stationary objects, like structures on the street, garbage bins, etc. If your accident involved hitting an illegally parked car, you’re probably wondering what happens next.

In such a case, the fault is often shared between you and the driver who parked illegally. You may be at fault for not driving carefully enough to avoid the parked car, and they may be at fault for parking illegally, putting other drivers at risk. Because these cases can get rather confusing, it would be wise to speak with a St. Louis car accident attorney to maximize your chances of receiving the compensation you are legally entitled to.

Duties of Care

To better understand who you may be both liable for the collision, we will remind you about a driver’s duties of care. This is the general requirement for any driver to act in a predictable way, practice cautious driving to avoid unexpected events like this.

You might think that it’s not your fault at all for hitting the illegally parked car, but if it can be proved that cautious driving would’ve prevented the collision, you might become part of the cause for the accident.

In the other driver’s case, it is clear that the duties of care were not applied when they parked in an illegal spot, putting other drivers or pedestrians in danger.

Shared Fault in a Car Accident

If it can be proven that you couldn’t possibly avoid the illegally parked car, even when driving cautiously, the other driver may be the only one liable for the accident. But if you were also negligent at the time of the accident – by speeding, using your cell phone, etc. – the fault will be shared.

The next steps in a car accident claim will depend on the state where this will be disputed. Missouri, for example, is a ”comparative negligence” and “pure comparative fault” state, which means that the settlement you will get depends on the proportion in which you and the other driver are at fault. For example, if you are found to be 20% at fault, your final settlement will be 20% short after calculating what should be paid for your damages.

What to Do After Hitting an Illegally Parked Car

It’s important to start gathering hard evidence from the scene, as much as possible. Take pictures of the two cars, of the parking space and surroundings, talk to witnesses and request their contact info, and call the police. The police report will weigh a lot when calculating the settlement. The next steps are going to the doctor for an evaluation and seeing a good St. Louis auto accident lawyer who can help you get the most out of the settlement dispute.

Related Posts:

  • St. Louis Car Accident Attorney
    St. Louis Car Accident Attorney
  • St. Louis Car Accident Involving an Uninsured Driver
    St. Louis Car Accident Involving an Uninsured Driver
  • Someone Hit My Parked Car - Who Is Going to Pay for Damages?
    Someone Hit My Parked Car - Who Is Going to Pay for Damages?
  • When Is It Too Late to Hire a St. Louis Car Accident Attorney?
    When Is It Too Late to Hire a St. Louis Car Accident…
  • Whiplash After a St. Louis Uber Car Accident
    Whiplash After a St. Louis Uber Car Accident
  • What Happens if I Am Involved in a Staged Car Accident in St. Louis?
    What Happens if I Am Involved in a Staged Car Accident in…

Filed Under: Blog Tagged With: Car Accident Claims

Footer

The Hoffmann Law Firm, L.L.C.
7751 Carondelet Ave UNIT 601
St. Louis, MO 63105
(314) 361-4242

Free Consultation Request

    RSS Car Accident Lawyer & Auto Accident Attorney St. Louis

    • 5 Safety Precautions to Take When Using a Rideshare Service
    • Memory Loss After Car Accident
    • 5 Ways Light Rain Increases the Risk of Fatal Car Wrecks
    • How Returning to Work Too Soon Can Affect Your Auto Injury Claim
    • 7 Reasons Insurers Offer Low Car Injury Settlements
    • How to Describe Your Pain Accurately to a Doctor after a Car Accident
    • Tips to Avoid an Auto Accident in Low-Visibility Conditions
    • 4 Tips for Recovering Financially After a Car Crash
    • What Is the Timeline for a Car Accident Settlement?
    • What’s the Difference Between Compensatory and Punitive Damages in a Car Accident Case?

    Copyright © 2022 The Hoffmann Law Firm L.L.C.
    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.