If I was illegally parked on a crosswalk when another driver hit a crossing pedestrian, am I liable or responsible for the accident?

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If I was illegally parked on a crosswalk when another driver hit a crossing pedestrian, am I liable or responsible for the accident?

Asked on May 28, 2012 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If it can be shown that your illegally parking on the crosswalk in some way contributed to causing the accident--for example, you forced the pedestrian to walk outside the crosswalk, or the other vehicle to swerve, or blocked someone's sightlines--then yes, you could be held to be liable, at least in part. Parking illegally is both a wrongful act and (in the case you describe) negligent or unreasonably careless; therefore, the only real issue is whether it in some fashioned helped cause the accident. If it did, you could face legal liabilty.


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