Who’s Really at Fault?
Accidents can happen in the blink of an eye—especially in tight parking lots, narrow residential roads, or busy Arizona neighborhoods. If you collide with a car that’s illegally parked, you might assume you’re not responsible. But under Arizona law, determining fault is more complex than it seems.
At Rideout Law Group, with offices in Scottsdale and Lake Havasu, we help Arizona drivers understand their rights and liabilities in cases involving illegally parked vehicles. Here’s what you need to know.
Are You Automatically at Fault? Not Necessarily.
Arizona follows the rule of comparative negligence. This means fault is divided based on each driver’s contribution to the accident.
Even if the other driver parked illegally, you might still be found partially at fault.
Examples of Shared Fault
You may be partially responsible if you:
- Were speeding in a parking area
- Were distracted by your phone or GPS
- Drove too closely to parked vehicles
- Had clear visibility but still struck the car
The other driver may share fault if they:
- Blocked traffic flow
- Parked in a fire lane
- Obstructed your view of traffic
- Parked in a no-parking or restricted zone
Arizona Law on Illegally Parked Vehicles
State and city parking regulations govern where vehicles may legally stop. Parking violations that create safety hazards can result in liability. However, Arizona drivers are still expected to operate their vehicles with reasonable care, regardless of how the other car is parked.
What to Do After Hitting an Illegally Parked Car
- Stop and Leave Information
Even if the other car is illegally parked, you must stop. Leaving the scene can result in criminal charges. Leave your name and contact details, and attempt to locate the owner. - Take Photos and Document the Scene
Capture images of:- Both vehicles and the damage
- Nearby street signs or parking violations
- Lighting, road conditions, and visibility
- File a Police Report
Particularly if fault may be contested, a report helps clarify what happened and who may be responsible. - Notify Your Insurance
Share full details with your provider, even if the illegally parked car appears to be at fault. - Call a Car Accident Attorney in Arizona
Legal counsel is crucial if fault is disputed or you’re being unfairly blamed.
Who Pays for Damages?
It depends on each party’s percentage of fault. Arizona law applies comparative negligence:
- Mostly Your Fault: Your insurance may cover damage, injuries, and repairs.
- Mostly Their Fault: The illegally parked driver’s insurance may be responsible for your losses.
- Shared Fault: If you’re found 40% at fault, you may recover 60% of your damages.
Common Scenarios We Handle
- Hitting a car blocking a driveway: The parked driver may bear more responsibility.
- Hitting a car in a fire lane: Their illegal parking weighs heavily against them, but driver awareness is still evaluated.
- Striking a dark car at night in a no-parking zone: Lack of visibility can reduce your fault.
- Colliding in a narrow residential street: Shared fault is likely, especially if visibility is limited.
When to Contact an Arizona Accident Lawyer
You should speak with an attorney if:
- The other driver or their insurance disputes fault
- You’re being unfairly blamed
- Your insurance denies your claim
- Serious damage or injuries occurred
- The parked car created a significant traffic hazard
Rideout Law Group Can Help
At Rideout Law Group, our attorneys have decades of experience handling auto accidents in Scottsdale, Phoenix, Tempe, Mesa, Chandler, Gilbert, and Lake Havasu. Whether you hit an illegally parked car—or someone hit you—we can:
- Analyze the accident scene and photos
- Interpret relevant parking and traffic laws
- Challenge insurance company fault findings
- Seek fair compensation for your damages
📞 Free Consultation Available
Scottsdale Office: 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
Call: (480) 584-3328
Lake Havasu Office: 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406
Call: (928) 854-8181
Don’t let confusion over parking rules hurt your case. Contact Rideout Law Group today for trusted legal help in Arizona.
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.