Can I Sue If I Hit a Vehicle Parked on the Side of the Interstate?

 Posted on May 13, 2026 in Car accidents

It’s common for people to leave cars parked on the side of the interstate. Some have contact information for someone hoping to sell the car. In some cases, the driver is still in the car, having pulled over briefly for safety reasons. Other vehicles seem merely abandoned. Depending on the driving conditions and where these vehicles are parked, they can pose major hazards to other drivers. 

Whether the person who left their vehicle on the shoulder of the road is liable for damages depends on the circumstances of the accident. If you're dealing with the aftermath of a car accident, a Park Ridge personal injury lawyer can help you understand whether you have a viable claim.

Is It Legal To Leave a Car Parked on the Side of a Freeway in Illinois?

Illinois law only permits cars to stop on the shoulders of freeways in the event of emergencies. Under 625 ILCS 5/4-203, any vehicle left abandoned or unattended on an interstate for longer than two hours is authorized to be towed. Commercial vehicles are not exempt from this rule. 

Who Is Liable in Accidents Involving a Car Parked on the Shoulder in Illinois?

Who is liable when a vehicle parked on the shoulder is struck depends on who parked the vehicle and why. Where the vehicle was parked may also be relevant. 

The Owner or Driver of the Parked Vehicle 

If the car was left in a dangerous spot without warnings, such as around a blind corner, the owner (or most recent driver) may bear responsibility for any accidents that ensue. Under Illinois law, a vehicle that is stopped on a roadway or shoulder must use hazard lights and, if possible, warning devices like flares or reflective triangles. This applies whether the vehicle was left there by someone trying to sell it, a commercial driver who pulled over, or someone who simply walked away from a breakdown. 

A Commercial Operator or Employer

Just last fall, ABC 7 News reported that a driver was killed in Kane County in a rear-end collision with a semi parked on the shoulder of I-90. When the parked vehicle is a commercial truck or work vehicle, the employer or owner of the vehicle may be liable as well as the driver. Commercial drivers are subject to stricter safety regulations, including federal rules governing how and where large vehicles can be stopped. If a trucking company's policies, scheduling pressure, or poor training contributed to an unsafe stop, the company itself may share liability. 

A Government Entity

Government agencies are generally responsible for roads like interstate highways. Poor road design, missing signage, inadequate lighting, or a lack of emergency pull-offs can lead to accidents. In these cases, a government agency could bear partial responsibility. Claims against government entities in Illinois involve specific rules and shorter deadlines, so move quickly if you think this applies to your case. 

Does Illinois Law Protect Drivers Who Hit Illegally-Parked Vehicles?

Illinois doesn't automatically shield drivers who collide with stopped vehicles. However, the law does recognize that some roadway hazards are created by other people's negligence. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. This means that as long as you're found to be 50 percent or less at fault for the accident, you can still recover compensation.

If investigators determine that the stopped car was left in a dangerous place in such a way that it caused or contributed to the crash, the owner may have over 50 percent of the fault and be liable. Speed, visibility conditions, and whether you had adequate time to react will all be factored into how fault for the accident gets divided.

Call a Glenview, IL Car Accident Lawyer Today

Cases involving overlapping questions of liability take careful investigation to sort out. Our Park Ridge car accident attorney handles every case personally and has experience with car accident claims. Call Quinn Law Group, LLC at 847-232-7180 today to schedule your free consultation with an experienced attorney.