Parking lots are busy areas with people, shopping carts, children, and cars moving from one area to the next often without any indication of what is happening around them. When an accident occurs, you may be wondering, “Who is at fault in a parking lot accident?”

The answer is it depends. With distracted drivers up and down every aisle and people rushing from one area to the next, it can be easy for an accident to occur. The good news is most of these accidents are low-speed, which means there’s less overall damage to vehicles. When a pedestrian is hit, that’s very different.

As your personal injury lawyers, Osborne & Francis are committed to helping you make sense of any situation you are involved in. 

When it comes to an accident in a parking lot and who is at fault, reach out to us to learn what applies to your situation. Call our office at (561) 293-2600 or complete our contact form today to schedule a free consultation.

Who’s At Fault in a Parking Lot Accident: How Fault Is Determined

Look at any car accident statistics, and you are not likely to see a lot of details about people suffering serious injuries when one car strikes another. 

However, that is a much different situation compared to pedestrian accident statistics. Parking lots can be danger zones. Fault, though, is dependent on the specific situation.

Police Involvement May Be Limited

In many situations, fault is determined after both drivers report their claim to the insurance companies and the insurer then investigates what occurred to determine fault. 

That determines which insurance company pays for losses. Because parking lots are private property, the police may not respond to an accident not involving injury, and therefore that is not likely to be the avenue for determining fault.

Hit-And-Run Accidents

Those hurt in a hit-and-run accident in a parking lot certainly should contact the police. This is a criminal action that can result in charges. With any car accident injury, you’ll likely want the police to track down whoever did this and hold them accountable for the losses they have created. Even if they are an uninsured driver, fleeing the scene means they may face criminal charges. That will help to establish fault.

Premises Liability Matters

Another factor is the ownership of the property. 

Unlike other types of car accidents, accidents occurring on private property could fall under premises liability laws, which could hold the owner of the property liable for accidents.

For example, if a business’s parking lot needs maintenance, or provides risks to drivers in any way, they could be liable for the injuries. This is another important time to contact car accident lawyers who can guide you in filing a claim.

Accident in a Parking Lot: Who Is At Fault for Pedestrian Safety?

Injured by another person’s negligence? You might be entitled to compensation. Filing for a claim may help with medical bills, lost wages, and any pain and suffering you might have endured. Call our office at (561) 293-2600 or complete our contact form today to schedule a free consultation.

The highest risks in many parking lot accidents are those related to pedestrians. Perhaps someone was backing out of a parking spot, failed to see you, and slammed into you. That is likely to cause serious injury, including: 

• Broken bones.
• Traumatic brain injuries.
• Lacerations.

The severity of your injuries may depend on the:

• Speed.
• Force.
• Location of the strike.

Pedestrian accidents, even at low speeds, are dangerous to people. Most of the time, when a vehicle strikes a pedestrian, it is the fault of the driver. All drivers have a legal obligation to monitor pedestrian traffic around them. If the driver failed to do that and struck you, they are likely liable for the losses.

This is very much applicable even when the victim is a child. Children are unpredictable and unaware of the risks to them. If they run down the lane, suddenly jumping in front of a car, that driver has the full responsibility to do everything they can to protect the child. The driver is nearly always at fault.

Are Parking Lot Accidents Always 50-50? 

In some situations, insurance companies will agree to split the difference like this. That is not always what occurs. If there is a clear indication that one driver was responsible, the insurance company may seek to take action.

Determining Fault in a Parking Lot Accident

To determine fault in a parking lot accident, there are several factors to take into consideration, even if the other driver was distracted. These accidents can be more complex than others on traditional roadways because they often involve shared fault, meaning both parties are somewhat responsible for the accident.

To determine fault, consider these specific rules and steps:

• Rear-ending: In situations where one vehicle rear-ends the other car, the car at the rear is typically at fault. That is because the driver should have control over their vehicle. This is the same law that is applicable on roadways.
• Left-turn: In a left-turning accident, another common parking lot accident, the car turning left is often at fault. For example, if one car strikes another car while turning left into a parking spot, the person turning is responsible.
• Backing out: If a car is backing out of a parking spot and strikes another car coming down the lane in a straight line, the driver backing out is typically at fault. The driver traveling straight has the right of way.
• Backing out at the same time: In situations where two cars are backing out of parking spots across from each other and colliding, it can be hard to determine fault. Most often, that means both will hold some fault, and each one maintains responsibility.
• Collisions at parking spot: If it is a rough day trying to find a parking spot and two cars collide while both are trying to turn into the parking spot, several things could happen. The first is that both are held responsible for their actions. However, the driver turning right has the legal right of way and, therefore, priority over the driver turning left.
• Lane accidents: Parking lots have thoroughfare lanes, which are larger and tend to help people get to the street, and they have smaller feeder lanes. The thoroughfare lane drivers have the right-of-way over drivers in the smaller lanes.
• Failure to stop: If a driver fails to stop at a stop sign, and that is what causes the accident, that driver is at fault.

I’ve Been in a Motorcycle Accident in a Parking Lot: Who Is At Fault?

Another factor to consider is a motorcycle or bike accident. In a parking lot, those using a motorcycle or a bike must maintain the same rights as a vehicle on the roadway. They are not treated as pedestrians but rather as other vehicles.

If you were hurt in an accident like this, seek the help of a motorcycle accident lawyer or a bicycle accident attorney. These cases are somewhat more complex, especially if there is a shared fault, as the riders tend to have more substantial and even life-threatening injuries than those in vehicles.

The Importance of Legal Help in Parking Lot Accidents

Knowing who is at fault in a parking lot accident can be very confusing. Knowing what steps to take might be even harder. Consider these tips:

• If you feel another driver was acting recklessly or engaging in negligent action to hurt, contact the police to report your claim before hiring an attorney.
• If you are hurt walking through a parking lot by a car, turn to a pedestrian accident attorney if you have substantial injuries.
• If there are substantial damages to your physical self or your vehicle, contact an attorney to pursue full and fair compensation.

Seek Out the Attorneys You Need to Fight Accidents in Parking Lots

Let the lawyers at Osborne & Francis help you recover the damage owed to you after a parking lot accident. 

Do not assume your case will be handled fairly by insurance companies. Contact us for a free consultation to discuss your case. Don’t hesitate to reach out by phone at (561) 293-2600 today.