Car accidents can happen in countless ways, and one often overlooked factor is the role of an illegally parked vehicle. 

Whether a car is blocking visibility at an intersection or sitting in a no-parking zone, its presence can increase the risk of a collision. In South Carolina, determining liability in such cases isn’t always straightforward. 

This blog breaks down how South Carolina law views illegally parked car accidents, who may be held responsible, and what steps you should take if you’re involved.

What Is Considered an Illegally Parked Car in South Carolina?

In South Carolina, a car is considered illegally parked if it violates any local or state parking regulations. These laws are often enforced by city ordinances, as well as the South Carolina Code of Laws. 

Common examples of illegal parking include:

• Parking within 15 feet of a fire hydrant

• Parking in a crosswalk or within an intersection

• Double parking (parking next to a car already parked at the curb)

• Blocking driveways or handicap access points

• Parking on a bridge, in a tunnel, or a no-parking zone marked by signage

Illegally parked vehicles are not only subject to fines and towing, but they may also bear some responsibility if they contribute to a traffic accident.

How Illegally Parked Cars Contribute to Accidents

Illegally parked vehicles can create dangerous situations for other drivers, pedestrians, and cyclists. Some of the most common ways these cars contribute to collisions include:

• Obstructed Visibility

Vehicles parked too close to corners, driveways, or crosswalks can make it difficult for drivers to see oncoming traffic or pedestrians.

• Disruption of Traffic Flow

Cars parked in narrow lanes or travel lanes can force other vehicles to swerve into oncoming traffic or quickly change lanes.

• Nighttime Hazards

A car parked without lights or reflectors in a poorly lit area can be difficult to spot, especially for drivers unfamiliar with the road.

• Pedestrian Accidents

Illegally parked vehicles may force pedestrians into the street, increasing the risk of being struck by passing cars.

Determining Liability in a Car Accident Involving an Illegally Parked Vehicle

South Carolina follows a modified comparative negligence rule, which means that fault can be divided between multiple parties. A person can recover damages as long as they are less than 51% at fault for the accident.

If a car was illegally parked and contributed to the collision, the driver or owner of that parked car may share in the liability. 

However, the driver who hit the parked car could also be found partially at fault if they were speeding, distracted, or otherwise negligent.

Police reports, witness statements, traffic citations, and photographs of the scene can all play a vital role in establishing fault.

Can Both Drivers Be at Fault?

Yes. In many accidents involving illegally parked vehicles, both parties may bear some responsibility. For example, consider a situation where a driver crashes into a car that is illegally parked in a fire lane. The court or insurance company may determine that:

The illegally parked car contributed 30% of the fault

The moving driver was 70% at fault for not paying proper attention or speeding

In such a case, the moving driver could still recover compensation for 70% of their damages, provided they are not more than 50% responsible. This illustrates why documenting the scene and seeking legal guidance is so important.

What to Do After an Accident Involving an Illegally Parked Car

If you’re involved in this type of accident, take the following steps to protect your rights:

• Call Law Enforcement

A police report can help document the position of the illegally parked car and any citations issued.

• Take Photos

Capture the location of both vehicles, nearby signage, street conditions, and any damage.

• Collect Witness Info

If anyone saw the accident or the illegally parked car before the crash, get their contact details.

• Don’t Move the Parked Car

Unless it’s creating an emergency hazard, leave the parked car in place until law enforcement arrives.

• Seek Medical Attention

Even if you feel okay, some injuries may take time to show symptoms.

Filing an Insurance Claim in These Cases

When filing an insurance claim, expect the insurer to carefully analyze the facts, including:

• Where the car was parked and whether that location violated local laws

• Whether any citations were issued

• If the moving vehicle had had the opportunity to avoid the collision

Providing thorough documentation, such as police reports, photos, and witness statements, can make a significant difference in how the claim is evaluated. 

If the fault is disputed or unclear, the claim process may become more complex.

When to Speak with a Car Accident Lawyer

You should consider consulting a car accident attorney if:

• You or a loved one suffered injuries

• Liability is being disputed between the parties

• The damages are substantial

• The illegally parked vehicle’s insurance company denies fault

An experienced lawyer can help gather evidence, interpret local traffic laws, negotiate with insurers, and, if necessary, represent you in court.

At Max Hyde Law Firm, we understand the challenges that come with accidents involving illegally parked vehicles. Our team is experienced in investigating these complex liability cases and building strong claims for our clients. 

From gathering critical evidence to negotiating with insurance companies, we handle every detail so you can focus on recovery.
If you’ve been involved in an accident with an illegally parked car in Spartanburg or elsewhere in South Carolina, don’t wait to understand your legal options. Contact Max Hyde Law Firm today at (864) 804-6330 to schedule a free consultation. Let us help you pursue the compensation you deserve.