* The cause of the accident: Was the illegal parking the *direct and proximate cause* of the accident? If the parked car was simply present and the accident was caused by something else (e.g., speeding, distracted driving), the illegally parked car's owner may not be liable. If, however, the illegal parking forced another driver to take evasive action leading to the accident, then the illegally parked car's owner might bear significant, or even full, responsibility.
* Comparative negligence: Many jurisdictions use a system of comparative negligence. This means that even if the illegally parked car contributed to the accident, the other driver's actions might also be considered negligent. Liability is then apportioned according to each party's degree of fault. For example, if the other driver was speeding and the illegally parked car only slightly obstructed visibility, the speeding driver might bear a larger portion of the liability.
* Evidence: Police reports, witness statements, photos, and video evidence are crucial in determining fault. The position of the vehicles, skid marks, and the overall circumstances of the accident will be examined.
* Insurance coverage: Even if the illegally parked car's owner is found liable, their insurance company might dispute the claim. Uninsured/underinsured motorist coverage on the other driver's policy may be necessary if the at-fault driver is uninsured or their coverage is insufficient.
In short: While illegally parking is a violation of the law, it doesn't automatically make the owner liable for any subsequent accident. The key is whether the illegal parking was a significant contributing factor to the accident. Determining liability requires a thorough investigation of the circumstances by law enforcement and/or insurance adjusters. Always contact the police to file a report after any accident.
