Yes, it is. Liability can't be assessed to an inanimate object. The owner of the illegally parked car isn't inanimate, of course, but it would still not give the driver of the moving vehicle the "right" to hit the parked vehicle. As I noted in a similar question, recently one of the larger insurance carriers has been applying fault to the owners of illegally parked vehicles. To my knowledge, that carrier hasn't won a single arbitration for doing so, and has been forced to pay the claims in full. On the other hand, there could be certain circumstances where negligence -- or, at least, comparative negligence -- could be applied to the owner of an illegally parked vehicle. For instance, the car is parked on a blind curve in a no-parking zone, or of course it's parked illegally and has endangered public safety (in front of a fire hydrant, for instance). If, however, this is just a case of a driver striking an illegally parked car because the car was blocking his way, or the driver was going through a parking lot and didn't expect to see the parked car, the driver would be found at-fault. Look at it this way: Every driver of a moving vehicle has to be cautious and prepared for the unexpected. Suppose it wasn't a parked car, but a kid on a bicycle or a pedestrian. In that sense, "right-of-way" takes on a whole new meaning.
The person's who parked it there, (its parked illegally.)Not your fault.
As long as the parked vehicle is parked properly and not illegally parked in any manner, then the vehicle that rear-ended the parked car is at fault. Now if the parked car is sitting illegally (such as double parked or parked in a no parking zone, etc.) then the parked car is at fault or even both the parked car AND the car that hits it are BOTH at fault.
If the driver had hit a pedestrian or a car that was sitting, waiting for a stoplight, who would be at fault? The driver is responsible for whatever he hits. While the parked car will get a parking ticket, that is not a "moving violation", and cannot be considered the cause of a collision. Drivers are responsible for avoiding ALL obstacles, even illegally parked cars.
Yours, because the question is ... even though that car was illegally parked, what type of driving were you doing that caused you to hit it? No fault only applies to injuries. Property damage is the responsibility of the at fault driver.
It would be the car who had parked illegally because he was not parked in a legal spot.
It is your fault.
It depends if the illegally parked car is a danger or interuption to the normal flow of traffic. For instance if someone is parked in a handicap spot illegally, and you hit them, obviously it is your fault. You need to be able to prove that due to the other persons actions of illegally parking, it inevitably led to you hitting their vehicle. Just remember, you are the one moving, and you are the one who hit the "non-moving" object.
If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.
Yes. Being illegally parked does not affect fault. If you strike a parked vehicle, it is ALWAYS your fault because you have a duty to ensure the way was clear before moving.
You Dummy!!
Of course it is your fault. The fact that the car was illegally parked is of no consequence. You didn't look where you were backing or you would not have hit the parked car. Would you have hit this car if you had been looking? Perhaps the illegally parked car is a Mini Cooper, parked illegally 1 foot behind a Hummer and therefore not visable when the driver looks before backing up...
At least partially.