Who Is at Fault in a Parking Lot Accident?

Parking lots are full of distractions. Cars, pedestrians, and shopping carts can create a stressful environment. It’s a wonder why there aren’t more parking lot crashes. And just like any other accident, the parties often argue over who’s at fault. But how do you determine who’s at fault in a chaotic parking lot crash? Courts look at several factors, like who was negligent and who had the right of way.

This article explains proving fault in a parking lot accident. State laws vary. A personal injury attorney can explain the laws in your area. They can give you legal advice about your unique situation. They can also represent you in your car accident claim.

Can I Get a Traffic Ticket in a Parking Lot?

Traffic laws vary by jurisdiction. You should be familiar with the laws in your area regarding parking lots. Generally, you can’t get a ticket for breaking a traffic law on private property. That includes a private parking lot or parking garage, but there are exceptions for the following severe traffic violations:

• Impaired driving, such as driving under the influence
• Reckless driving
• Negligent driving
• Vehicular assault
• Hit-and-run collisions

You may not get ticketed for running a parking lot stop sign. But you could get a ticket or even arrested if you disregard other peoples’ safety. And if you cause an accident or are the victim of an accident, you can still seek compensation in court if necessary.

Determining Fault in a Parking Lot Accident

Determining who’s at fault for causing a car accident in a parking lot can be challenging. It depends heavily on the facts of the case. Generally, a court will use the following factors to determine fault:

• Negligence: You must exercise reasonable care when driving in a parking lot. Things like speeding, running a stop sign, or not yielding the right of way could show fault.
• Backing up: When backing up, you must exercise extra care and check your blind spots. The driver backing up is often at fault in a parking lot accident. The exception is when the driver who wasn’t backing up was negligent. For example, if you back into a driver who’s speeding.
• Visibility: When entering or leaving a parking space, you must check the surrounding area.
• Improper parking: You may be at fault if your parked car obstructs the flow of traffic.

Some states follow the contributory negligence principle. In those states, you may share fault with the other driver if you were both negligent.

If you have an accident in a parking lot, a car accident lawyer can give you advice about your car accident case.

Examples of Parking Lot Car Accidents

Following are some general rules of thumb for determining fault in a parking lot accident:

• A moving car in a parking lane generally has the right of way. So, if you run into a moving vehicle in a parking lane while backing out of a parking space, you’re likely at fault. The same goes if you’re pulling forward out of a parking space or turning left into a parking space in front of oncoming traffic.
• If you collide with a car backing out of a parking spot when you’re also backing out of a parking space, you’re both likely at fault. Both drivers must check their surroundings before moving.
• The fault is likely yours if you rear-end another driver at a stop sign. This same principle applies to public streets.
• Drivers merging into a thoroughfare lane from a feeder lane must yield to cars in the thoroughfare lane. So, if you hit another car while turning into a thoroughfare lane, you’re likely at fault.
• What happens if two drivers collide while trying to get the same parking space? Generally, you have the right of way when turning right into the space. But you could be at fault if the other driver was mostly in the space when the accident happened.

Contact a Personal Injury Lawyer for Help

Parking lot accidents can be severe. Even a minor fender bender can result in serious injuries. Fault determination in a parking lot accident can be tricky. There can be many distractions, and right-of-way rules can be confusing. An experienced car accident attorney can help. They can do a case evaluation for you. They can also represent you in your personal injury case.