What If You Were Rear-Ended While Illegally Parked in Tempe?
Most rear-end accidents seem straightforward: the driver who hits another from behind is usually considered at fault. But what if the vehicle that got hit was illegally parked? In Tempe, that changes things—though not always in the way people assume. Just because you were parked where you shouldn’t have been doesn’t automatically make you responsible for the crash.
If you were rear-ended while illegally parked in areas like Downtown Tempe or along narrow neighborhood streets, you still might have a valid claim. At Tempe Car Accident Attorney, our team sees this scenario more often than you’d think. Let’s break down how liability works and what your legal options may be.
Can You Still File a Claim?
Yes—being illegally parked does not eliminate your right to compensation. In Arizona, rear-end collisions are typically the fault of the driver who hit the parked car, especially if:
The parked car was visible and stationary
The striking driver had time to react
Speeding or distraction was a factor
Illegally parked or not, vehicles aren't supposed to be rear-ended under normal conditions. In most cases, the striking driver should have seen and avoided your vehicle.
When Parking Illegally Might Hurt Your Case
That said, illegally parking your vehicle can absolutely complicate your claim. Arizona uses a pure comparative fault system. This means both parties can share liability—and your compensation is reduced by your percentage of fault.
Let’s say you were parked in a no-parking zone near South Tempe, and another driver rear-ends you while checking their phone. You might be found 20% at fault for being where you shouldn’t have been, and the other driver 80% at fault for not paying attention.
If your damages totaled $10,000, you’d still be eligible for $8,000—your award reduced by your 20% share of fault.
Common Illegal Parking Scenarios in Tempe
Illegally parked vehicles show up in many different places, including:
Red zones near Tempe Marketplace or Mill Ave
Bike lanes in Meyer Park or Escalante
Double-parking outside ASU dorms
Blocking crosswalks or fire hydrants
Parking along curves or hills with no visibility
Even when the parking itself violates Tempe traffic ordinances, it doesn’t give other drivers the right to plow into your vehicle. Drivers still owe a duty of care to avoid collisions, regardless of whether the object in front of them “should be there.”
Evidence That Can Help Your Claim
If you were rear-ended while parked illegally, the outcome of your claim may hinge on what you can prove about the crash. Evidence plays a critical role in minimizing your fault or establishing the other driver’s negligence.
Be sure to gather:
Photos showing the location and visibility of your vehicle
Dashcam footage, if available
Witness statements about how the crash occurred
The police report, especially if the officer notes speed or distraction
Local traffic signage and markings
We’ve helped drivers in Holdeman and North Tempe successfully prove that even though they were parked illegally, the other driver bore the majority of fault due to careless driving.
What If You Were Injured?
Rear-end collisions involving parked vehicles can still result in serious injuries—especially if you were inside the vehicle at the time of the crash. These often involve:
Whiplash
Concussions or traumatic brain injuries
Broken ribs or hip trauma
Anxiety or PTSD from the impact
If you were hurt, you have the right to pursue compensation for:
Medical bills
Lost wages
Pain and suffering
Property damage
Future care needs (especially in paralysis or long-term injury cases)
What If You Were Hit in a Parking Lot?
Crashes involving illegally parked cars in private lots—such as retail centers or apartment complexes—are common. In these cases, fault may be influenced by parking lot rules, signage, and design.
For example, if your car was parked in a fire lane but clearly visible, and another vehicle hit you while speeding through the lot, you may still be eligible for significant compensation. Similar logic applies to Tempe parking lot collisions involving pedestrians or backing accidents.
Can You Be Ticketed and Still File a Claim?
Yes. Getting a citation for illegal parking does not prevent you from pursuing a personal injury or property damage claim. The traffic violation may influence your percentage of fault, but it doesn’t automatically void your case.
It’s not unusual in Tempe for an illegally parked driver to receive a ticket and a settlement check—if the striking driver’s negligence was clear.
What If You Were Hit by a Commercial Vehicle?
If a delivery truck, rideshare driver, or work vehicle rear-ended your car, additional parties may be liable. In these cases, you might be able to file a claim against:
The driver
The company they work for
Their employer’s commercial insurance policy
These situations often arise in rideshare crashes or DUI collisions where commercial drivers were speeding or fatigued.
What If the Other Driver Was Uninsured?
If you were hit by an uninsured driver—even while parked illegally—your own uninsured motorist (UM) coverage may kick in. Arizona law doesn’t require UM/UIM coverage, but if you have it, you can still be protected even if you were partially at fault.
This can be crucial in uninsured driver accident cases or hit-and-run scenarios.
Final Thoughts: Partial Fault Doesn’t Mean No Compensation
If you were illegally parked when someone rear-ended you, don’t assume you’re out of options. Arizona’s fault laws are flexible—and even if you share some blame, you can still recover damages if the other party was negligent.
Don’t let the word “illegal” scare you off from asserting your rights. Our legal resources can help clarify your next steps and what kind of compensation may still be on the table.
