What to do if an illegally parked car caused my husband to swerve and strike a neighbor’s garage?

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What to do if an illegally parked car caused my husband to swerve and strike a neighbor’s garage?

I know I am responsible for the vehicle damage even though it was illegally parked. However, is that person liable in any way for the damages that occurred as a result, either criminally or otherwise?

Asked on May 21, 2014 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The illegal parker *might* be liable *if* the car was parked not merely illegally but dangrously, in such a place as to intrude on the road or otherwise cause a driver to swerve. For example: parked too far out from the curb or right at the corner could create an unreasonable hazard and lead to liability. Parking next to a fire hydrant, on the other hand, or during hours when there is not supposed to be parking, is illegal but not necessarily hazardous, and would most likely not support the imposition of liability.


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