Legal Question in Civil Litigation in Georgia
In the state of Georgia - A car was illegally parked and it emcumbered my ability to enter and leave my driveway. When I did attemp to leave I hit the other car. Is any party more than 50% at fault?
2 Answers from Attorneys
Sure, probably you for 100%, but you left out virtually all relevant facts. A car that is parked illegally has an issue with the city or county, and your remedy is to call the police to have them ticketed or towed. Your inability to drive without hitting another car is a different issue. People who hit parked cars and cause damage are generally liable for the damages. Do you claim that you somehow could not see the car because it was parked illegally? Again, since you chose to leave out the facts you leave little room to conclude anyone other than you is liable.
Based on the facts as posted, you are 100% liable. As a driver, under Georgia law, you have a duty to drive in a manner that avoids hitting parked cars, regardless of whether they were legally or illegally parked.