Hitting an Illegally Parked Car in NC

The Bottom Line

TL;DR: Even if a car is illegally parked, you, the moving driver, have a duty to avoid hitting it. In North Carolina, if you are found even 1% at fault for the accident, you may not be able to recover any money for your damages due to contributory negligence.

The Frustrating Reality of Hitting a Parked Car

It’s an incredibly frustrating scenario. You're driving down a street in Raleigh or Greensboro, and you collide with a car that shouldn't have been there in the first place. It might have been double-parked, left in a "No Parking" zone, or sticking out into traffic.

Your first thought is logical: "They were parked illegally, so it's their fault!" Unfortunately, in North Carolina, it's not that simple. The law expects moving drivers to be constantly aware of their surroundings and to avoid collisions, even with stationary objects.

It's All About Negligence

To determine who is at fault, insurance companies and courts look at who was negligent. In this situation, both drivers could be found negligent.

• The Parked Driver's Negligence: Parking in a way that obstructs or endangers traffic is negligent. This driver broke a traffic law, which can be used as evidence of their carelessness.
• The Moving Driver's Negligence: A moving driver has a duty to keep a proper lookout and control their vehicle to avoid a collision. Hitting a stationary object, no matter how it got there, suggests the moving driver may not have been paying enough attention.

The case then becomes a battle over percentages. The parked car’s insurance company will do everything possible to place at least 1% of the fault on you.

What Factors Help Decide Fault?

Since fault isn't automatic, the specific details of your accident are critical. Here are the questions that will be asked:

• Visibility: Was it day or night? Was the area well-lit? Were there weather conditions like fog or heavy rain?
• Location of the Car: How much of the lane was it blocking? Was it parked on a busy highway, a blind curve, or just over the crest of a hill?
• Actions of the Moving Driver: Were you speeding, distracted by your phone, or otherwise not paying full attention?
• Obviousness of the Hazard: Was the parked car a bright color in broad daylight, or was it a dark color at night with no lights on? A reasonable driver is expected to see an obvious hazard.

Evidence is Your Most Powerful Tool

If you find yourself in this situation, gathering evidence immediately is the most important thing you can do to protect your rights. Your goal is to prove that the parked car created an unavoidable danger.

• Take Photos and Videos: Capture everything from multiple angles. Show the car's position, the lack of space to get by, any "No Parking" signs, the road conditions, and the lighting.
• Call the Police: An official police report documents the incident. The officer may issue a citation to the illegally parked car, which is helpful evidence.
• Look for Witnesses: Get contact information from anyone who saw the accident or who can speak to how long the car had been parked there.
• Check for Cameras: Look for nearby businesses with security cameras or homes with doorbell cameras that may have captured the scene.

Frequently Asked Questions

If a car is double-parked and I hit it, am I at fault?▾

Most likely, you will be considered at least partially at fault. North Carolina's contributory negligence rule means if you are found even 1% responsible for not avoiding the collision, you may not be able to recover any damages.

What if the car was parked in a 'No Parking' zone?▾

The 'No Parking' zone establishes that the car was parked illegally. However, it doesn't erase your duty as a driver to see and avoid obstacles. The illegal parking is a factor, but not the only one.

Does it matter if it was night and the car had no lights on?▾

Yes, this is a very important factor. If the car was parked in a dangerous location on a dark road with no lights, it significantly increases the negligence of the parked car's driver and strengthens your case.

Can the illegally parked car get a ticket AND I still be at fault?▾

Yes. A traffic ticket is between the driver and the state for breaking a law. Fault in a civil claim for damages is a separate issue determined by negligence. The two are related, but one does not automatically decide the other.

What's the first thing I should do after hitting an illegally parked car?▾

Your first steps should be to ensure everyone is safe, call the police to report the accident, and take extensive photos and videos of the scene. Document the car's position, the lack of lights, any signs, and the surrounding area.

Is the owner of the illegally parked car always considered negligent?▾

Parking illegally is strong evidence of negligence. However, for that negligence to matter in a civil case, it must be a direct cause of the accident. The key question is whether their illegal parking created a hazard that a reasonably careful driver could not avoid.

How is this different from hitting a legally parked car?▾

If you hit a legally parked car, you are almost always 100% at fault. Hitting an illegally parked car introduces the question of the other driver's negligence, which opens the door for a more complex fault analysis.

What if the car was sticking out of a driveway into the road?▾

This is a form of illegal parking or obstruction. The same principles apply. A jury would weigh how much the car was obstructing the road and how visible it was against your actions as the moving driver.