What to Do After an Accident With a Car That Is Parked Illegally

A car crash of any kind in Texas can lead to a complicated insurance process. If you hit a car that was parked illegally, however, determining fault and financial responsibility can be even more difficult. You may not think you are to blame since the vehicle legally should not have been parked where it was, but the vehicle owner’s insurance company may take a different stance.

Protect your rights by fulfilling certain required tasks after striking an unattended parked vehicle in Texas, as well as by hiring a car accident lawyer to represent you during an insurance claim.

Driver Requirements After a Car Accident in Texas

All drivers in Texas must carry out certain actions after being involved in car accidents. Leaving the scene of a crash without fulfilling these requirements may constitute the crime of hit-and-run. According to Texas Transportation Code Section 550.021, anyone involved in a car accident involving personal injury, death or property damage must:

1. Immediately stop the car as close to the scene as possible.
2. Report the collision to the police if it resulted in injuries, death or damage to a vehicle that means it cannot be safely driven.
3. Determine if anyone involved in the crash requires aid.
4. Exchange names, addresses and vehicle registration numbers.
5. If requested, show the driver’s license.
6. Render aid to anyone injured, such as by calling 911 or transporting them to a hospital.

In an accident involving damage to an unattended vehicle, section 550.024 of the law states that a driver must locate the owner of the vehicle, if possible, and give the owner the driver’s name and address. Failing to fulfill these requirements is a misdemeanor that may turn into a felony if a victim suffered serious bodily injuries.

What If You Can’t Find the Owner of the Vehicle?

If you strike an unattended vehicle that is parked illegally, make a reasonable effort to locate the owner of the car. If you cannot find the owner of the car, you must leave a written note in a conspicuous place on the car or attached to the car in a plainly visible place. The note should have your name, address and the circumstances of the collision so that the driver can file an insurance claim later.

What to Do After Hitting an Illegally Parked Car

After colliding with an illegally parked vehicle in Houston, check yourself for injuries. If you are injured or the crash appears to have damaged either vehicle enough to make it unsafe to drive, report the wreck to the police.

While still at the scene of the crash, use your phone to take photographs. Take pictures of both damaged vehicles, as well as wide-angle shots of the scene as a whole, making sure to capture the fact that the driver was parked illegally. Take pictures of any signs or road markings that designate the spot as illegal to park in. Once you have fulfilled your driver responsibilities and been to a doctor for any injuries, contact a car accident lawyer for advice about the legal process.

Who Is at Fault for an Accident With an Illegally Parked Car?

Determining fault for a collision involving an illegally parked car may require a thorough investigation. In most cases, these car accident claims involve the legal doctrine of comparative negligence. Comparative negligence in Texas means that two or more parties can share fault for an accident.

You may be partially to blame for failing to notice the parked car, for example, while the other driver may share fault for parking illegally. In this scenario, an insurance company, judge or jury will carefully analyze the collision and most likely allocate a percentage of fault to both drivers. If you are found to be partially at fault for the car accident, this can reduce your financial recovery.

Texas is a modified comparative negligence state, meaning that as long as you are less than 50 percent to blame for the crash, you can still recover compensation. The courts will reduce your award by your degree of fault. With more than half of the fault allocated to you, however, you will be barred from recovery. A lawyer can help your case by collecting evidence against the illegally parked driver and working to reduce your fault.