Who Is at Fault for Hitting a Car Parked Illegally on the Road in Florida?

Q: What does Florida's comparative negligence law mean for a parked car accident?

It means fault is divided by percentage between both drivers based on the facts. You can still recover damages even if you are partly at fault, as long as you are not found more than 50% responsible.

Q: Do I have to call the police for a minor accident involving a parked car in Florida?

Florida generally requires reporting an accident to law enforcement when there is injury, death, or a certain amount of vehicle damage. Even when it is not required, a police report can help establish the facts later.

Q: Will my insurance rates go up if I'm found partially at fault?

That depends on your policy, your insurer, and the final fault percentage assigned. Ask your adjuster directly how a partial fault finding affects your rates going forward.

Question

I hit my neighbor's parked car last night. They were parked partly on the road, behind where I back out at night. I was wondering if I'm at fault or he is, since he was parked illegally.

It was not well lit and there are no signs stating no parking but he was parked on the side of the road traveling west bound but was parked facing east bound

A. Jason Velez · Accepted Answer

Fault here likely is not all one sided. Florida looks at how much each driver's actions contributed to the crash, and both backing into a hazard and parking incorrectly on the roadway can count against the respective driver.

Florida uses modified comparative negligence under Fla. Stat. § 768.81. That means a judge, jury, or insurance adjuster assigns a percentage of fault to each driver based on the facts, and each side's recovery is reduced by their own share of fault. If you are found more than 50% at fault, you cannot recover from the other driver at all, but if your share is 50% or less, you can still recover a reduced amount.

On your neighbor's side, a vehicle parked on a roadway is generally expected to be positioned parallel to the road and facing the direction of travel, not facing oncoming traffic, and out of a place a reasonable driver would not expect a parked car to be. Parking facing the wrong direction, especially somewhere a driver backs out at night, is a fact that supports assigning your neighbor some share of fault, particularly since there was no lighting and no posted warning to alert you.

On your side, a driver backing a vehicle has a duty to do so carefully and to keep a proper lookout, since backing up comes with reduced visibility compared to moving forward. Poor lighting and an unexpected obstacle can reduce, but usually do not eliminate, that duty.

What you can do

1. Take photos now if you have not already, including the parked position of your neighbor's car, the lighting conditions, and any damage. 2. Get a copy of the police report if one was filed, and note whether it recorded the direction your neighbor's car was facing. 3. Report the accident to your auto insurer even if you believe you were not fully at fault. Comparative fault often still allows partial recovery. 4. Ask your insurance adjuster directly how they are apportioning fault and why, so you can push back with photos or witness statements if needed.

Because fault percentages depend heavily on the specific facts and any police findings, this is general legal information, not legal advice. A Florida car accident attorney can review the full picture and advise on your specific situation.

Who Is at Fault for Hitting a Car Parked Illegally on the Road in Florida?

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