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Who Is Responsible If You Hit an Illegally Parked Car?

Accidents happen across Vegas all the time, and you are not always to blame. Often, someone else may be responsible, and you’ll need to prove this. So, the question is, “Who is responsible if you hit an illegally parked car?”

Accidents involving illegally parked cars are more common than you might think. This article will delve into who the courts consider responsible if you hit an illegally parked vehicle in Las Vegas. So, read on to learn how to navigate Nevada’s tricky traffic laws, especially in such a complex situation.

We will break down the legal implications step by step. Then, by the end, you should also understand how to get extra guidance should you need it.

Who Is Responsible If You Hit an Illegally Parked Car?

There is a common misconception that the driver is always at fault in a case like this. 

Liability in traffic accidents relates to who is responsible for damages and injuries to the parties involved. In some cases, one person may be entirely at fault, while in others, the responsibility may be shared among multiple parties in varying proportions.

In some cases, factors other than human error may contribute to an accident, such as limited visibility or in specific high-danger locations. However, leveraging such a factor will only come into play when there is no human error on display.

Negligence or human failure are the primary factors in determining who is at fault. If one person has failed to follow a rule or expectation put in place for the sake of safety, then they are likely to be considered negligent.

The best way for you to prove that you were not negligent is to ensure you have enough evidence. As such, you are going to want to gather:

  • Photos
  • Videos
  • Witness testimonies and personal details
  • Information on other accidents in the area

These factors can greatly influence the determination of fault, both in court and when dealing with insurance companies.

Accident Fault Determination in Specific Scenarios

Uncontrollable factors such as nighttime driving or weather could even complicate things. However, there are key elements you can consider to form a basic understanding of fault in your case.

Nevada Traffic Laws Related to Illegal Parking

Several Nevada traffic laws can influence the determination of negligence and legality following a collision. The key areas relating to illegally parked vehicles are:

Prohibited parking zones. These zones, such as fire lanes, crosswalks, and designated no-parking areas, are typically off-limits for parking. Vehicles are rarely found in these areas, so it is reasonable for drivers not to expect a parked car there.

Specific parking regulations. These regulations may vary depending on the type of street or zone and may also be time-specific or seasonal. Local signage should clearly indicate these restrictions.

When the Parked Car Owner Is at Fault

The parked car owner is likely to bear more responsibility for an accident when one of the following is true:

  • Negligent Parking: If the car owner has created a hazard that led to the accident, they can be considered negligent.
  • Traffic Law Violations: The car owner may have parked illegally, such as in prohibited zones or spaces designated for others, like handicap spots. While parking in a handicap space may lead to criminal charges, it does not necessarily imply civil liability for an accident.
  • Obstructing Visibility or Lighting: If the car owner failed to use hazard lights when parked improperly or left the car in a dark area without appropriate lighting, they might be held more liable for any resulting accident.
  • Legal Precedents: There may be additional legal precedents that assign fault in such cases. Consulting with a legal expert is the best way to understand these precedents and their implications.

When the Driver Is at Fault

Even if a car is parked illegally, the driver may still be partially or fully at fault under the following circumstances:

  • Driving Under the Influence: A driver who is intoxicated or under the influence of drugs has impaired judgment and slower reaction times, increasing their responsibility for the accident.
  • Reckless Driving: Engaging in dangerous or careless driving behaviors can contribute significantly to causing the accident.
  • Distracted Driving: If the driver was using a cell phone, eating, or interacting with in-car technology at the time of the accident, the courts are likely to place blame on them.
  • Inexperience: Although it may seem unfair if the driver is inexperienced or a new driver, this could be considered a factor against them in court.

If it is determined the driver is at fault, their insurance company will handle the situation.

Steps to Minimize Your Liability

If you’re visiting this page because you’ve recently been in an accident, your priority should be ensuring everyone’s safety and involving the authorities. Whether or not you’re at fault, taking these steps demonstrates maturity and may influence a jury to consider you less responsible. In summary, follow these steps:

  • Check yourself and others for injuries
  • Contact the police
  • Call for an ambulance if necessary
  • Document the scene
  • Exchange insurance information with other involved individuals
  • Notify your insurance company at your earliest convenience

Additionally, seek legal advice following accidents to protect your interests and maximize your chances of a favorable outcome.

Finding the Best Car Accident Liability Lawyer in Vegas

Determining responsibility when you collide with an illegally parked car can vary. To navigate the complexities of traffic accident responsibility, it’s crucial to have a lawyer with the right experience and expertise. 

Kaplan Young is the firm you want on your side, with plenty of knowledge in this specific area. They can protect your rights and interests, ensuring you have the best chance of coming out on top. Get in contact to find out more and learn how they can put you on the path towards getting the compensation you deserve.

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