TL;DR: People sitting in parked cars get hit often enough to cause serious harm, though crash data groups these cases with other parked‑vehicle crashes. In 2023, 1,160 people nationwide and 176 in California died in crashes involving parked or working vehicles. Occupants can suffer head trauma, spinal injuries, and lost wages if another driver was distracted, speeding, or impaired.
Highlights:
- Get checked by a clinician quickly, even if you feel okay.
- Photograph your car’s position, damage, debris, and nearby surveillance cameras.
- Collect the other driver’s info, vehicle details, and witness contact information.
- Call the police promptly; injury or fatal crashes are generally reported within 24 hours.
- File California DMV SR-1 within 10 days if injury, death, or $1,000+ damage.
- Keep all treatment records, including chiropractor visits, and note missed workdays.
- If you think “I need a personal injury lawyer,” contact AK Law early.
Tip: Before you give recorded statements or estimates, organize photos, medical notes, and receipts, and stick to facts when seeking free accident lawyer advice.
Table of Contents
These crashes happen often enough to be a traffic safety concern, but there is no exact public data on how often people are hit while sitting in parked cars. Most crash reports group these accidents with other types of parked-vehicle crashes.
The best available data shows that crashes involving parked or working vehicles caused 1,160 deaths nationwide and 176 deaths in California in 2023. While not all of these people were sitting in parked cars, the numbers show that other drivers can still hit parked vehicles.
If someone hits a parked car and injures a person inside, California law may allow the injured person to file a personal injury claim.
Why Do Parked Car Accidents Happen In California?
Drivers hit parked cars for many of the same reasons they cause moving-vehicle crashes. Distraction, speeding, intoxication, unsafe turns, and poor judgment can cause a driver to drift into a shoulder, a parking lane, a roadside area, or a parking lot space. These crashes may seem unusual, but the available fatality data shows that parked and working vehicles still face real roadway risks.
Here are the most common reasons drivers hit parked cars:
- Distracted Driving: When a phone, navigation system, or other distraction takes a driver’s attention off the road, the driver may fail to notice a parked car ahead. By the time they look up, they may not have enough time to brake.
- Intoxicated Driving: Alcohol and drugs slow reaction time and impair judgment. A drunk or drug-impaired driver may drift into a parking lane, shoulder, or roadside area and strike a parked vehicle.
- Speeding or Unsafe Maneuvers: Drivers who speed through parking lots, make wide turns, or ignore stop signs may lose control or misjudge the space around parked cars. Sideswipes and rear-end impacts often happen this way.
SafeTREC’s 2023 data on fatal crashes involving parked or working vehicles in California also shows that:
- Over 91% of fatal parked or working vehicle crashes occurred in urban areas.
- Los Angeles County recorded the most fatalities from these crashes, with 63 deaths. Alameda County, the county with the fifth most fatalities from these incidents in California, only recorded 9.
- People ages 15 to 34 made up the largest age group of fatalities, accounting for 29.7% of deaths.
Even people who survive getting hit while sitting inside a parked car can suffer serious injuries. These injuries may include whiplash, back injuries, head trauma, fractures, and spinal cord damage. Some people may need physical therapy, surgery, or chiropractic care as part of their recovery.
Because these crashes can cause medical bills, missed work, vehicle damage, and emotional distress, injured occupants may have legal rights under California law.
Where Do Crashes Involving Parked Cars Usually Happen?
Parked-car collisions can happen almost anywhere vehicles stop or pull over. Some crashes happen in parking lots when drivers back out, turn too sharply, or speed through rows of parked cars. Others happen on residential streets, commercial corridors, freeway shoulders, roadway medians, or parking lanes near traffic.
The risk can increase when a parked vehicle sits close to moving traffic, lacks hazard lights, stops in a poorly lit area, or remains near a curve, driveway, construction zone, or busy intersection. These details matter because they can help show whether the moving driver, the parked driver, a property owner, or another party contributed to the crash.
Who May Be Liable If Someone Hits A Parked Car?
The driver who hit the parked car is often the main liable party, especially if they were distracted, impaired, speeding, or driving carelessly. However, other parties may also share fault depending on the facts.
For example, an employer may be liable if the at-fault driver caused the crash while working. A government agency may be involved if unsafe road design, poor lighting, or a dangerous shoulder contributed to the collision. A property owner may share responsibility if poor parking-lot layout, missing signs, or unsafe traffic flow caused the crash. In some cases, a vehicle manufacturer or repair shop may also be involved if faulty brakes, steering defects, or poor maintenance contributed to the impact.
What Are Your Legal Rights If You Get Hit While Inside A Parked Car?
In California, you may have the right to seek compensation from the driver who hit your parked car. You generally need to show that the driver failed to use reasonable care, caused the crash, and left you with injuries or financial losses.
You do not need to have been driving to have a valid claim. A passenger, driver, or anyone lawfully sitting inside a parked car may be able to pursue compensation if another driver’s negligence caused the crash.
Compensation may include payment for:
- Medical bills
- Lost income
- Vehicle repairs
- Pain and suffering
- Emotional distress
- Future care needs related to the injury
What If I Was Parked Illegally?
You may still have a case, but your compensation may be reduced. California follows pure comparative negligence. Under this rule, an injured person may still recover compensation even if they share part of the fault. However, their recovery may decrease by the percentage of fault.
For example, if a court finds you 20% responsible because the car was parked unsafely, you may recover 80% of your proven damages.
Insurance companies may use illegal parking or unsafe stopping to argue that you caused or contributed to the crash. That does not automatically defeat your claim. The final fault analysis depends on the evidence, including where the car was parked, how fast the other driver was going, whether the other driver was distracted, and whether the crash could have been avoided.
If you are thinking, “I need a personal injury lawyer,” that is a reasonable reaction. Comparative fault disputes can become complicated, especially when an insurer tries to shift blame to someone sitting in a stationary vehicle.
How Does A Hit-And-Run Affect My Parked Car Injury Claim?
A hit-and-run can make a parked car injury claim harder because the at-fault driver’s insurance may not be available right away. However, you may still have options through your own auto policy or through evidence that later identifies the driver.
California law requires drivers to stop after a crash. If a crash causes injury or death, the driver must stop and meet additional legal duties. If a crash causes only property damage, the driver must stop, provide identifying information, or leave a written notice in a visible place and notify law enforcement when required.
If the driver cannot be found, your own policy may help. Depending on your coverage, you may be able to use uninsured motorist coverage, collision coverage, or MedPay. If a witness, surveillance camera, police report, or license plate later identifies the driver, you may be able to file a claim directly against that driver.
Getting free advice from a parking lot accident lawyer can help you understand what to do after a hit-and-run. A lawyer can review your insurance coverage, help you file required reports, look for available evidence, and determine whether another party may share responsibility.
What Steps Should You Take After A Parked Car Collision?
After a parked-car collision, try to create a clear record of what happened. The steps you take can help protect your health, document your losses, and support a possible injury claim.
If you can do so safely, take these steps:
- Get Medical Care: Seek medical attention as soon as possible, even if you do not feel severe pain right away. Some injuries appear hours or days after a crash.
- Report The Crash: Call law enforcement as soon as possible, especially if anyone was injured, the other driver fled, or there was major property damage. California law generally requires injury or fatal crashes to be reported within 24 hours. A police report can help support insurance claims and legal cases.
- File the DMV report: Submit an SR-1 form to the California Department of Motor Vehicles (DMV) within 10 days if the crash caused injury, death, or property damage over $1,000. Keep a copy for your records.
- Gather Evidence: Save photos of the vehicles, the surrounding area, skid marks, debris, visible injuries, and nearby cameras. Also, keep medical bills, repair estimates, pay records, and insurance letters.
- Notify Your Insurer: Your policy may require prompt notice even if you did not cause the crash. Reporting early may also help you access benefits under your own coverage.
- Consult an Attorney: Car accident lawyers can review fault, identify available insurance coverage, and help protect your claim from unnecessary blame-shifting by the insurance company.
Frequently Asked Questions About Parked Car Accidents
Parked-car accident claims often raise questions about deadlines, delayed injuries, insurance, and attorney fees. The answers below address common concerns after someone gets hit while sitting inside a parked car in California.
How Long Do I Have To File A Lawsuit For Being Hit While Sitting In A Parked Car?
California’s statute of limitations generally gives you 2 years from the date of injury to file a personal injury lawsuit. Exceptions may apply in limited cases, such as claims involving minors.
Different deadlines may apply if a government vehicle hit you or if unsafe public property contributed to the crash. In those cases, you may need to file a government claim within 6 months.
Missing the deadline can prevent you from pursuing compensation. Speaking with a lawyer early can help preserve evidence and protect your options.
Does My Insurance Go Up If Someone Hits My Parked Car In California?
Your insurer generally cannot raise your rate solely because of a crash that was not your fault. However, premiums can still change for other reasons, including policy changes, area-wide rate adjustments, or separate driving record issues.
Report the claim accurately and review your policy. If the insurer lists you as at fault when you were not, you may need to dispute that finding.
Can A Passenger In A Parked Car File A Claim Against The Driver Of Their Own Vehicle?
Yes. A passenger in a parked car may file a claim against the driver of that vehicle if the driver’s negligent parking contributed to the crash. For example, if a driver pulls over and parks in the right lane of a highway instead of on the shoulder, they may be partially liable if another vehicle rear-ends the car you’re in.
What If I Didn’t Feel Hurt Immediately After The Parked-Car Accident?
Get medical attention, even if you feel fine. Adrenaline released during the accident can suppress pain signals, masking neck injuries, back strains, and concussions that often appear later. A prompt medical exam documents the crash and can help connect any later symptoms to the accident. These records can help you address insurance disputes over whether the crash actually caused you harm.
Do Lawyers Only Get Paid If They Win Parked Car Accident Cases?
Yes. Most personal injury lawyers work on a contingency fee basis, meaning they won’t charge attorney’s fees unless your case wins or settles. If you don’t receive compensation, you don’t have to pay your lawyer.
Call Arash Law For Clarity On Your Parked Car Accident Case
Your rights after a parked car collision are worth protecting. You do not have to sort through what comes next alone.
AK Law has decades of combined experience handling different kinds of car accident claims in California. We can help you understand your rights after getting hit by another vehicle while sitting in a parked car. Our team can review the facts of your situation, explain what compensation may be available, and outline your next steps.
Call (888) 488-1391 to schedule your free initial consultation.
