Does Tennessee acknowledge sharing liability in an auto accident?
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Does Tennessee acknowledge sharing liability in an auto accident?
I backed into a car that was illegally parked. I never even saw it. Am I 100
responsible for the repair to the illegally parked car or am I responsible for
50.
Asked on November 1, 2018 under Accident Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are 100% liable. The fact that the car was illegally parked has no relevance here. Illegal parking only means that it's possible the vehicle owner faces a ticket or fine. Liability for damage done in an accident depends on fault; fault depends on whether you were driving carelessly; since a driver is expected to be able to avoid visible stationary objects (like a parked car), backing into a parked car means you are 100% at fault--you should have looked in your mirror or your shoulder and not hit the stationary object. Since you a stationary object, you are at fault and must pay all repair costs.
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