Parking Lot Car Accidents & Potential Legal Claims
Parking lots concentrate vehicles and pedestrians in relatively confined areas. Drivers may be distracted by multiple moving cars as well as people walking to and from buildings, and visibility can be reduced by large vehicles and angled spaces. Speeds in parking lots tend to be lower, but collisions still occur frequently, and determining legal fault can become more complex than on public roads.
Steps to Take After an Accident
The priority after any parking lot collision is to ensure the safety of all parties. Emergency medical help may be necessary if anyone is injured. Even minor injuries may warrant prompt medical evaluation because symptoms can develop hours or days after impact. Drivers are advised to exchange names, driver’s license numbers, plate numbers, and insurance details. Photographs and videos of the scene can show the condition of vehicles, traffic signs or lane markings, and the overall setting. Witness contact information can be helpful for eventual legal action. Dash-cam footage, if available, should be saved. Early communication with one’s insurance company is generally essential.
Insurance Coverage
In states with no-fault insurance systems, drivers typically look to their own policies first, using personal injury protection benefits for medical costs and certain other losses. They may not be able to sue for types of damages like pain and suffering unless their injuries meet certain requirements under state law. In fault-based systems, the at-fault driver’s liability coverage generally pays for the other party’s losses, including medical bills, lost wages, vehicle repairs, and pain and suffering. Additional coverages, such as medical payments (med pay), uninsured motorist coverage, and underinsured motorist coverage, can help fill gaps when a driver lacks adequate insurance or when a victim needs immediate payment for medical expenses.
Determining Fault
Fault in parking lot collisions typically depends on whether drivers exercised reasonable caution under the circumstances. When two vehicles are backing out simultaneously and collide, both parties may share blame if neither driver checked for oncoming traffic effectively. If one driver had almost completed reversing, that driver may be less responsible. A driver pulling forward out of a space is generally expected to yield to vehicles moving in the traffic lane. A driver cutting across empty spaces may be found at fault if that creates a hazardous situation for vehicles following designated driving lanes. Rear-end collisions in a designated lane often lead to liability for the following driver, who is usually considered responsible for maintaining a safe distance and staying alert.
Right-of-Way and Yielding Rules
Parking lots are private property, but right-of-way rules still apply. A driver traveling in a main or perimeter lane typically has priority over a vehicle leaving a parking space. At the junction of a feeder lane and a through-lane in a parking lot, the vehicle in the through-lane usually has the right of way. At an unmarked intersection of lanes of comparable status within a parking lot, the right of way often goes to the vehicle that arrived there first. Some parking lots have stop signs, yield signs, or other traffic control devices that can override default right-of-way expectations. Drivers are expected to observe these signs, and failing to comply may lead to liability.
Hit and Run Accidents
In parking lot collisions in which the at-fault driver leaves without exchanging information, a police report is generally advisable, and any security footage or third-party accounts may aid in identifying the escaping driver. Photographs or videos of the damage and surroundings serve as evidence for insurance claims. In many cases, uninsured motorist property damage or collision coverage may compensate for repairs, subject to a deductible. Notifying on-site security or the property owner helps document the incident, although they may not provide an official report.
Shared Fault and Comparative Negligence
In some parking lot collisions, multiple drivers share responsibility. Under comparative negligence rules, an injured person may recover a portion of damages that corresponds to the other party’s share of fault. If a state follows pure comparative negligence, a driver who is mostly at fault can still receive partial compensation. In modified comparative negligence states, any driver found responsible to a certain degree may be barred from receiving damages. In contributory negligence jurisdictions, even minimal fault can prevent recovery. Assessing the percentage of fault typically involves analyzing each driver’s actions and the physical circumstances.
Liability of the Parking Lot Owner
Liability for a parking lot accident may extend to the owner or operator of the property if the lot was designed or maintained in a way that heightened the risk of crashes. This consideration falls under premises liability principles. A lot owner may face exposure if a hazardous condition, such as a deep pothole, poor lighting, lack of signage, or obstructive landscaping, contributed to a collision. Proving that the owner was or should have been on notice of the condition and failed to remedy or warn about it requires evidence of the hazard’s existence and duration.
