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The driver of the moving vehicle. It's impossible to assess liability to an inanimate object (in this case, a parked car). And, certainly, it's aggravating when an illegally parked car is blocking the way. That's probably why it's illegal to park there, anyway. But... 1. It doesn't give someone the right to hit the parked car and, 2. A person operating a vehicle has a greater duty to make sure the way is clear. Recently, one of the larger insurance companies has been assessing liability to the owners of parked vehicles (for instance, a vehicle that has broken down and is, for all practical purposes, parked illegally on the side of the road or blocking traffic). To date, that company hasn't won a single arbitration to support such a liability decision.

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