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.
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
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 a person hits a parked car, usually the driver of the moving vehicle is at fault. However, state laws might vary. Both were violating laws at the time.
If you back into somthing its your fault regardless of whether it was parked improperly or not. You were suposed to be looking
The owner of the car that caused the damage. They have a duty to engage their parking break.
the car backing up
It depends on the situation. If you stoped short and got rear ended it is your fault. But if you stoped becasue the driver in front of you stoped then it is that persons fault. If you are sitting at a stop light and get rear ended it is there fault. If you are parked in a parking zone and get rear ended it is there fault. Hope this Helped
definitely not, perhaps if you parked in a no parking zone.
You should get a ticket for parking illegally and the other drive should be cited for inattentive driving. You are both at fault and should get healthy tickets.
any. as long as you aren't parked in a no parking zone and you follow all laws
It has been suggested that: " Loading zones are usually for delivery trucks or semi trucks delivering goods to the warehouse or store, so if your car was in the loading zone and you were not given permission to unload something you had in the car, then it's your fault for being there in the first place, and if it was just a car going by and it hit you, then they would be at fault as well." However, this ignores the fact that parked cars usually do not "cause" the collision merely by being there, whether or not legal. Otherwise, drivers would be free to collide with anything that gets in the way in violation of any law. No-parking zones are not usually for protecting other drivers from collisions with parked cars, but rather for the convenience of traffic or abutting businesses. Who is at fault if you hit a car at an expired parking meter? Whether a car is legally parked or not, the driver of every other moving vehicle has a positive obligation to pay attention and stop before hitting it! Simply parking illegally will almost never excuse another driver from hitting the parked car. The parking driver has an obligation to the TOWN to obey the signs, but unlike moving violations, has no obligation to other drivers to follow the parking law, with rare exceptions. You can't sue someone for illegally parking on a public street, especially after you crash into them. No obligation, no negligence, no fault, no payment.
If your car is parked in a zone where parking is not permitted, then it is illegal. The condition of the car is irrelevant.
your car is parked unless you have someway or another had the car in drive while you weren't in it then how can you pay for damages you did not incur and if you weren't parked in a no parking zone or a handicap spot then the person who hit you is responsible for all damages because they weren't paying any attention
If you are driving the backing car, no matter WHERE the other cas is located, YOU are the one at fault if you collide with it.
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.
What happened in that red zone? The driver (or owner) is liable for a fine (and possibly impound) for parking in a red zone. Liability for anything else might depend upon what the "red zone" is intended to protect (under local law: fire lane, bus stop, intersection access, passenger drop-off; it varies). However, contrary to popular belief, crashing your car into someone illegally parked in a "red zone" is not generally the "fault" of the parked car, or even the driver who left it there (who may actually have a valid excuse for doing so).
A fault is where to tectonic plates meet but a fault zone is the area around a fault.
if by a fire hydrant or fire zone or a no stop no park zone yes- in Oklahoma anyways
"Since she backed into me and was moving is this her fault or both our faults because the parking area is to small for my truck?" It is totally her fault since your vehicle was stationary at the time of the accident. Did you call the police and file a report? Depending on the amount of the damage it is a requirement in some states. In others the police will not investigate an accident on private property. I hope you had collision insurance so you can file a claim with your insurance company. Then you can sue her in small claims for your deductible. lwpat [url=www.speedingticketcentral.com]Speeding Ticket Central[/url] I am not an attorney and this is not legal advice. If you need legal advice contact an attorney. I am an insurance adjuster in southern california. Have handled truck claims 30 years. Often car (or truck) drivers will leave their parked vehicles in a no parking zone. My best example is a guy who left his 100K mercedes parked in a yellow zone, next to dumpsters alongside loading area. He was stopped & parked, our truck hit it & I told him "No way are we going to pay" - we are not going to reward your stupidity.
The zone in which you park
You cannot legally park in a red zone.
The Hayward Fault Zone
If you have proof like a picture or a statement from the officer then it is there fault and that person also should have received a parking ticket for parking in front of a no parking sign. Now if there is not any proof it is basically there word verses yours and I would recommend that you get a lawyer is the damage is that bad you guys cannot work it out between each other. I have proof but the officer did not put it in the accident report that he was parked in a no parking zone and also did not give him a ticket, for some odd reason. The property manager came up to my place and seen it and seen him punch his truck and cause more damage and I have reported him parking there many times before to her and he doesnt care or listen. Also my insurance company says that in NC I am still responsible for his vehicle, even though i didnt get a ticket.