Am I Liable if I Hit an Illegally Parked Car?

K.C. Harpring

personal injury Attorney

Collisions with illegally parked cars in Denver can still lead to legal consequences, even if the other driver violated parking rules. Under Colorado law, leaving the scene without fulfilling your legal duties can result in charges. A  Colorado hit-and-run parked car incident is treated as a Class 2 misdemeanor, carrying penalties of 10 to 90 days in jail and fines between $150 and $300.

With extensive experience in complex liability cases, the team at Dormer Harpring understands the nuances of Colorado traffic laws and how fault is assessed when both drivers may have contributed to the accident.

parked car

Colorado Is a Fault State

First, you need to know that Colorado is a fault state, also known as a tort-based state. Under this car insurance law, the person or party at fault for causing a crash will be responsible for related medical bills and property damage. All drivers must carry liability insurance to pay for car accidents that they cause. Before a victim can file an insurance claim after a car accident, the at-fault driver or party must be identified.

How Colorado Classifies Hit-and-Runs Involving Parked Cars

In Colorado, a hit-and-run involving an unattended vehicle is classified as a Class 2 misdemeanor traffic offense. This includes scenarios where the driver:

• Leaves the scene without attempting to identify themselves
• Fails to leave contact information
• Ignores reporting responsibilities after damaging a parked vehicle

According to Colorado Revised Statutes § 42-4-1604, this violation is treated seriously even if no injuries occur.

Drivers convicted of this offense may face 10 to 90 days in jail and fines ranging from $150 to $300. These penalties apply regardless of whether the parked vehicle was positioned legally. Liability does not shift simply because a car was parked in a questionable or illegal spot.

Other Potential Penalties

In addition to criminal charges, a person found guilty may face:

• Restitution to cover vehicle damage
• Driver’s license suspension or points added to the record
• Court-ordered community service

In some cases, insurers may increase rates or cancel coverage based on a hit-and-run conviction, even if no bodily injury occurred.

Who Pays for a Collision Involving an Illegally Parked Car?

In most car accident cases, liability goes to the driver who violated a traffic law or roadway rule at the time of the crash. In an accident involving an illegally parked car, at least a portion of fault will most likely be allocated to the owner of the vehicle for breaking the rules when parking the cars.

While most car accident cases involving a parked car are the fault of the driver of the moving vehicle, illegally parked cars are an exception to the rule. Unlawful parking, such as on the shoulder of a roadway or blocking a driveway, violates the city’s traffic laws. This may interrupt the flow of traffic and force other cars to go around – increasing the risk of accidents.

Since the driver of the illegally parked car broke the law, he or she will most likely be responsible for paying for the accident. However, an insurance company may use the comparative negligence defense to argue that the other driver is also at fault. If a reasonable and prudent driver would have noticed the illegally parked vehicle and avoided the collision, for example, a portion of the fault could go to the other driver.

What Is Colorado’s Shared Fault Law?

Colorado is a modified comparative negligence state. Under this law (Colorado Revised Statute 13-21-111), a plaintiff can be found partially responsible for an accident or injury and still be able to recover financial compensation. However, his or her financial award will be reduced by an amount equal to his or her fault. As long as the victim’s percentage of fault falls below 50 percent, he or she is still eligible for a diminished recovery.

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Your Responsibilities After Hitting a Parked Car

Striking a parked vehicle, even one parked improperly, does not relieve you of your legal duties under Colorado law. Failing to report the crash or leaving without notifying the other party is considered a Class 2 misdemeanor, regardless of who may be at fault.

To stay compliant and protect your right to pursue compensation, you must follow specific steps after the collision:

• Stop immediately at the scene. Colorado law requires all drivers involved in a crash to stop and assess the situation.
• Try to locate the vehicle’s owner. If the owner is not present, you are required to leave a written notice in a clearly visible place that includes your name, address, and vehicle registration number.
• Report the incident to law enforcement. If there is noticeable property damage or any injury, you must call 911 and cooperate with responding officers.
• Seek medical attention if needed. Even minor impacts can result in injuries that surface hours later.
• Notify your insurance provider. File a claim promptly and document the damage and circumstances thoroughly.

A Colorado hit-and-run parked car case can quickly escalate if you fail to follow these steps, whether or not you believe the other driver is partly to blame.

When a Hit-and-Run Causes Serious Bodily Injury in Colorado

If the accident causes serious bodily harm, even indirectly, felony charges can apply. For instance, if a pedestrian or bystander is injured as a result of the incident and the driver leaves the scene, the charge may escalate to a felony hit-and-run.

Felony charges carry significantly higher fines, extended jail or prison sentences, and long-term driving restrictions. This highlights the importance of stopping and assisting when any person is affected by the crash.

Before You Settle, Speak With a Denver Car Accident Lawyer

Before you file a claim against the other party’s car insurance provider or accept a settlement, contact a Denver car accident attorney at Dormer Harpring for a free case review. We can help you understand and prove liability after an accident involving an illegally parked vehicle.

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I was under the gun with my statute of limitations less than a month away, and K.C. at Dormer Harpring took on my case anyway. They gave me super professional and super personal service and got me a settlement that was FAR more than the insurance company offered me on my own. I would recommend them to anyone who needs an attorney for a personal injury case!!

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