Double parking is common in busy California cities from downtown Los Angeles to dense neighborhoods in San Francisco but it can quickly turn into a legal and financial headache if an accident occurs. If you’re hit while double parked, determining who is at fault isn’t always straightforward. This guide will break down what happens if you’re hit while double parked, how liability is determined, and what steps you should take to protect your rights.
Is Double Parking Illegal in California?
Under California Vehicle Code § 22502, drivers are generally required to park parallel and within 18 inches of the curb. Double parking or stopping alongside another parked vehicle in a traffic lane is typically illegal unless explicitly permitted (such as for brief commercial loading in designated zones). That said, the illegal status of double parking alone does not automatically make you 100% at fault in an accident, but is simply one factor used to evaluate negligence.
Who Is at Fault If You’re Hit While Double Parked?
California follows a pure comparative negligence system, meaning fault is divided among all parties involved. Even if you were double parked, the other driver may still bear some or even most of the responsibility depending on the nature and cause of the accident.
For example, if the moving driver was driving recklessly, was distracted, or had a sufficient amount of space to avoid the collision then they can mostly be held liable for the accident in question. However, if you double-parked in a way that either blocked traffic or created a sudden and/or unexpected obstruction then you may be held more accountable.
How Would Split Liability Work?
For example, in the event of a car accident, you are found to be 30% at fault for illegally double parking, but let’s say the other driver is found to be 70% at fault for failing to avoid the collision. If you were awarded $100,000, 30% of your total awarded sum would be subtracted to hold you accountable for your negligence.
What If You Were Inside vs. Away From the Vehicle?
This detail matters more than most people realize, because if you were inside the car you may be expected to react (move, signal, or warn others), but your actions can influence fault. However, on the other hand, if you were not in the car, the situation becomes more about whether your vehicle created a hazard and whether the moving driver still has a duty to avoid stationary objects when possible. This difference can greatly influence how liability is determined and split between parties.
How Insurance Companies Handle These Claims
Insurance adjusters will closely examine evidence such as police reports and citations, photos of the accident scene, traffic patterns and road conditions, and whether your vehicle violated parking laws. If you were cited for double parking, insurers will likely argue that you contributed to the accident. However, they must still prove that your actions directly caused or contributed to the collision.
Can You Still File a Claim If You Were Double Parked?
Being double parked does not automatically disqualify you from filing a personal injury claim in California. The key issue is whether the other driver acted negligently and whether that negligence contributed to your injuries. With that in mind, even if you violated a traffic law, you still have legal rights, because the focus will be on causation, not just the violation.
What to Do After the Accident
Taking the right steps can significantly impact your claim and by taking the following steps, you will ensure your chances of protecting your rights and recovering compensation.
Call the police and request an official report
Take photos of both vehicles, road conditions, and positioning
Exchange information with the other driver
Look for witnesses and collect their contact details
Avoid admitting fault at the scene
Seek medical attention, even for minor symptoms
Contact a personal injury attorney before speaking to insurers
Frank Penney Injury Lawyers is Here to Help
Getting hit while double parked in California puts you in a legally gray area but not a hopeless one. While you may share some responsibility, the other driver’s behavior is just as important in determining fault. At Frank Penney Injury Law, our team of attorneys understand how frustrating these legally gray cases are and are committed to provide clarity and help you understand your rights.
Call usat 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.