Bike Hits Parked Car In a Yellow Zone

In Capolungo v. Bondi (1986), the plaintiff was injured when she swerved her bicycle around defendant's parked car and was hit by a passing motorist. Plaintiff argued that defendant was negligent per se because he had parked in a yellow zone for longer than the 24-minute limit. (Capolungo v. Bondi, supra, 179 Cal. App. 3d at p. 349.) The court found that regardless of whether defendant's car had been parked for more or less than 24 minutes, plaintiff would have swerved around it and been injured. The element of legal causation was missing because the accident would have happened even if the car had been parked for the legal time limit. (Id. at p. 355.) Like Tovar v. Southern Cal. Edison Co. (1988), Capolungo is a case in which the independent act of a third party, which was unrelated to the original actor's negligence, caused the plaintiff's harm.