Cars Parked on Both Sides of a Fairly Narrow Street. Are They (Street Parkers) at Fault, or at Least Partially, if I Hit Them?

Lalee112 on 13/02/2019 - 21:57
Last edited 13/02/2019 - 21:59

Just FYI, I haven't actually hit anybody yet, but its only a matter of time that I might. Also, I mean accidentally in the title but I've reached the character limit.

So there is this moderately busy road near my place which, over the past few years, the number of parked cars on the side of the street has steadily increased, up to the point where there is about a 20 to 25 metre stretch of that road which has cars parked on both sides. Normally, this wouldn't be an issue, however, the street itself is quite narrow now that there are cars parked on both sides. When there is a car coming from the other direction, I always slow down to about 20 or 30 kph to try and squeeze between the on coming car and the parked car, and I assume that the other driver does the same.

Often times, if I'm just at the beginning of that stretch of parked cars, I would back up out of it so that the opposing car can go through with more room. However, as previously mentioned, this is moderately busy and sometimes I have a couple of cars behind me which makes it difficult if we're in the middle of that stretch.

My question is this: what happens if I accidentally hit or scratch the parked vehicle? I'm willing to accept some responsibility since I was the one who hit their parked car, however, I feel like they should at least get partial blame for partially inhibiting the road. I don't think they are visitors to the properties either, since they are there about 80% of the time that I drive past.
Also, while some of the properties along that stretch have driveways that are full, others have driveways that are empty, but I'm not sure if the car parked directly outside of their property is theirs.

Any advice? I can take a detour to get around it, but that is a minor inconvenience that I shouldn't have to take. (I know, I sound spoilt, but the road is not theirs, its for public use).

Automotive Parking

Comments

  • [Deactivated] on 13/02/2019 - 22:03
    +25

    If you hit a parked car, it is your fault. The car may get a fine for being there but that would not mitigate the blame for the collision.

    Avoid the blockage and report the situation and include factors like sloppy parking. If the width of the street is too narrow for parking on both sides simultaneously, council may have to implement no standing areas.

    If the street is wide enough but the vehicles are not close enough to the gutter, report it and include the risk of a collision. If council ignores the problem, you may be able to recover some money from council due to negligence.

    • CMH on 14/02/2019 - 01:47
      -2

      If they didn't park close enough to the gutter and I can't get out, I might accidentally run my rake along the side of their car.

      Twice.

      On both sides.

      • Nugs on 14/02/2019 - 06:57

        glad you are in another state
        not that I park dodgy either
        .

      • alee112 on 14/02/2019 - 07:44

        Hahahaha

    • alee112 on 14/02/2019 - 07:45
      +2

      Yea, I might bring it to the council's attention. Hopefully they would do something about it

  • Ughhh on 13/02/2019 - 22:17
    +8

    If a car was parked in the middle of road and you hit it, you'd still be at fault. The moving vehicle is always at fault. Doesn't mean that car doesn't deserve it though.

    • alee112 on 14/02/2019 - 07:56

      That doesn't seem right. Might take it to Court then hahahaha

    • John Kimble on 13/02/2019 - 22:31
      +12

      I'll just leave this here… https://www.ozbargain.com.au/node/437997

      • deveshwar0 on 13/02/2019 - 22:34

        Please do explain how this is related?

        • Some Human on 14/02/2019 - 01:16
          +12

          You really need to ask this? Wow!

          • deveshwar0 on 14/02/2019 - 01:39
            -5

            @Some Human: Yes, because seeking a clarification on a road rule vs seeking a clarification on determining a fault for an accident are 2 different things in my book.
            My thread was to ask whether I was in the wrong and I have admitted that it does appear from the general consensus that I was wrong.
            Please do elaborate how this is related?

            • HighAndDry on 14/02/2019 - 09:50
              +4

              @deveshwar0:

              Yes, because seeking a clarification on a road rule vs seeking a clarification on determining a fault for an accident are 2 different things in my book.

              You realise road rules are the things which determine fault in vehicle accidents, right?

            • John Kimble on 14/02/2019 - 09:55

              @deveshwar0: You might need a new book.

          • alee112 on 14/02/2019 - 07:58

            @Some Human: Hahahaha, give the guy a taste of his own medicine!

    • alee112 on 14/02/2019 - 08:01

      Yes, because unlike you, Mr Genius, I don't know every single rule in the rule book, and thus, I wish to gain some knowledge for future references. As John Kimble pointed out, you sir, seem to be in the same boat as me in that we both don't understand every rule. If you know everything, why do you need to ask questions????

    • bargainhunter87 on 14/02/2019 - 09:55

      Not enough negs but here have one (-1)

  • John Kimble on 13/02/2019 - 22:29
    +5

    I know, I sound spoilt, but the road is not theirs, its for public use

    Are the people who drive/own the parked cars not members of the public?

    • alee112 on 14/02/2019 - 07:49

      Yes they are, and if the street was a bit wider, I wouldn't have a problem with it. The issue only arises when it's inhibiting other members of the public from using it. Just because they are allowed to use it doesn't mean they can prevent others from using it.

      • HighAndDry on 14/02/2019 - 10:15

        I agree with your point, but it's not a black-and-white one. As an example, if your use of the road means they can't use it to park their car, aren't you the one now 'preventing' others from using it?

  • pjetson on 13/02/2019 - 22:34
    +1

    My understanding is that there needs to be a minimum of 3m of road width left. I suggest you complain to council.

    You appear to be in Queensland. Your road rules say it's an offence to:

    Failing to leave at least 3m between a vehicle and a continuous dividing line in the road. Also, failing to leave at least 3m between a vehicle and the opposite side of the road. Also, you must not obstruct the path of other vehicles or pedestrians.

    Interestingly, in my quick search, I couldn't find a specific mention of cars parked on both sides of the road, but I'm sure it's there.

    • alee112 on 14/02/2019 - 07:47

      Yea I'm in Queensland, but didn't know about this rule. Might look into it and contact the council to check up on it.

    • HighAndDry on 14/02/2019 - 10:16

      I think there's a loophole or oversight in this rule. This seems to be a small road without a continuous dividing line, and there seems to be more than 3m between each parked car and the opposite side of the road - just not between the parked car and the other parked car on the opposite side.

      Also, you must not obstruct the path of other vehicles or pedestrians.

      This seems to be the most useful one, but then only the last car to park there is in breach, and how do you work out which car that was?

  • chumlee on 13/02/2019 - 22:43
    +1

    Get some stolen plates for your car if you are going to frequently be driving down that street

  • pjetson on 13/02/2019 - 22:45
    +2

    I found this in Brisbane city council fact sheet:

    Cars park on both sides of the road which means
    only one car can fit through at a time. Is this legal?

    Motorists can park on both sides of the road but they must
    leave at least three metres of clear roadway between their
    vehicle and other parked vehicles, dividing strips, traffic
    islands or unbroken dividing lines.

    • deveshwar0 on 13/02/2019 - 23:03
      +2

      Interesting. How would you determine the offending vehicle? As in which vehicle failed to leave the 3 meter gap if both claim that they parked there first.

      • alee112 on 14/02/2019 - 07:53

        Hmm that's a good point. I would assume that they might give a larger fine to both vehicles unless one owner claims responsibility, in which case the fine would be reduced to the standard amount. So $100 fine for both vehicles if neither claims responsibility, or $50 to the offending vehicle who claims responsibility. But I don't think this would work either.

      • ThithLord on 14/02/2019 - 08:50

        If the council would even bother with this - I'd imagine they'd see which car is parked furthest from their curb and deem that sucka at fault.

    • alee112 on 14/02/2019 - 07:50

      Oh I've never heard about this rule before. Might take a look at it and contact the council if they are in fact breaching it.

  • JimmyF on 13/02/2019 - 23:01
    +6

    My question is this: what happens if I accidentally hit or scratch the parked vehicle?

    You're 100% at fault, simple as that!

  • xcess on 13/02/2019 - 23:53
    +5

    If they get hit often enough then they will stop parking there

    • alee112 on 14/02/2019 - 07:42

      Yea, just hope that I won't be one of them

    • SlartiBartFozz on 14/02/2019 - 14:12

      You could always do a few runs with a bicycle, and leave a scratch along the length — no damage to your car, they will report it to council for you (who might implement more sensible parking restrictions) and you've made your point.

  • Some Human on 14/02/2019 - 01:26
    +2

    Unfortunately, you would be at fault. I actively avoid any street I don’t feel comfortable driving in. I suggest you do the same for your own sanity and for the sake of your wallet if you do hit someone.

    • alee112 on 14/02/2019 - 07:43

      Yea, thats kind of what I thought. I try to avoid it nowadays

  • MrHyde on 14/02/2019 - 07:48
    +3

    I'm thinking if it is possible for two cars to slow down and squeeze through at the same time, then there must be 3m between the parked cars and so, not illegal.

    • macfudd on 14/02/2019 - 21:37

      Agreed.
      OP - you've got cars parked on both sides of the street and there's still room for 2 cars to pass tho it's a little tight? Sounds like luxury compared to the tight residential streets in my area.
      …and your solution is to make it harder on the residents who live there in order to make 4 seconds of your drive a little easier?

  • Typical16-bitEnjoyer on 14/02/2019 - 08:21

    What did your local Council say when you spoke with them?

  • John Kimble on 14/02/2019 - 09:00
    +1

    This happens a lot everywhere. You should raise to council.

    There's a narrow section (no more than 5 to 8 cars long) near my home that only one car can fit because of parked cars. Even worse a bus route goes through, meaning inbound and outbound buses regularly block each other. I have been on the bus when one swiped a parked car's side mirror too.

    The council recently sent a survey to get one side changed to non stopping. Should have been that way since the bus route was in place.

    My street is so narrow and people sometimes park too close to corners that trucks and cars with trailers struggle to get around sometimes…you can hear the beep beep beep reversing noise on and off for 10 minutes whilst they Austin Power's around the corners.

  • HighAndDry on 14/02/2019 - 09:48

    Are they (street parkers) at fault, or at least partially, if I hit them?

    No. They'd have zero fault. Don't hit stationary objects.

  • serpserpserp on 14/02/2019 - 09:51

    Need MS Paint to adequately visualize the scenario the OP is talking about…

  • minniethemoocher on 14/02/2019 - 12:13

    Contact the council, they should put no standing signs on one side.

  • ozeebee on 14/02/2019 - 12:37
    -2

    If they are parked in the spots legally, it's your fault.

    /close thread

    • John Kimble on 14/02/2019 - 12:46

      Even if they were parked illegally, as much as you would want to, you are still at fault if you hit them.

    • SlartiBartFozz on 14/02/2019 - 14:14

      I wonder what if they open their door in front of your moving car — Who would be responsible then ?

      • John Kimble on 14/02/2019 - 14:17

        Door opener at fault. You have to check it's clear when you open your door.

        Happened to my mate. They initially claimed my friend drove into their open door (moving car's fault), but when my friend showed him his dashcam footage, backtracked and apologised.

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