Question from Mzzpp, What Does It Imply About Liability If I Hit a Parked Car That Had No Park Brake On?
Answer from AI:
Implications About the Position of the Hit Car
If a car was parked with no park brake on and it ended up over the sidewalk in the grass from a spot where it was supposed to be parked parallel to the curb, it could imply that the car was not properly secured. In many jurisdictions, it is the responsibility of the driver to ensure their vehicle is securely parked. This includes engaging the parking brake, especially on a slope, to prevent the car from rolling.
However, the fact that another car was parked tightly behind it may not have any significant legal implications unless it contributed to the incident. For example, if the second car was parked too close and prevented the first car from being able to move back safely, it could potentially share some of the blame.
Implications About Damage to the Cars
If the hit car sustained no damage, but the car that hit it sustained significant damage, it could imply that the impact car was moving at a higher speed or was more susceptible to damage. The lack of damage to the parked car does not necessarily absolve the driver of the impact car from responsibility.
In most jurisdictions in the USA, the driver of a moving vehicle that hits a parked car is typically considered at fault, regardless of the circumstances. This is because drivers are expected to maintain control of their vehicles and avoid hitting stationary objects.
Legal Advice and Next Steps
It’s important to note that these are general interpretations and the specific laws and regulations can vary by state. Therefore, it’s recommended to consult with a legal professional for personalized advice.
If you find yourself in this situation, you should:
- Report the incident to the police, especially if there’s significant damage or if the other car was unattended.
- Notify your insurance company about the incident.
- Document the scene, including taking photos of the cars, the parking situation, and any other relevant details.
- Seek legal advice if there are disputes about liability or if you’re charged with a traffic violation.
For more information, you can refer to the Nolo’s guide on what to do after a car accident and the Insurance Information Institute’s guide on how to file an insurance claim.
Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.