When you get injured, we take it personally.
No fees until we win your injury case!
-
Outstanding.
-
Very friendly!
-
Excellent!
Are Parking Lot Accidents Always the Driver’s Fault?
Understanding Fault in Parking Lot Accidents
Parking lot accidents are common and can happen for various reasons, including drivers backing out of spaces, failing to yield, or not obeying traffic signs. However, fault is not always clear in these cases. Unlike traditional car accidents, where right of way rules are well-defined, parking lots are often considered private property, meaning different fault determination rules may apply.
Many factors influence who is at fault in a parking lot car accident, including the movement of the vehicles, adherence to stop signs and speed limits, and whether a driver was exiting a parking space or driving through a thoroughfare lane. In some cases, the fault may be shared between two vehicles, while in others, one driver is clearly the at fault party.
How Fault Is Determined in Parking Lot Accidents
1. Right of way rules in parking lots
Determining fault in a parking lot accident often depends on which driver had the right of way. Generally, vehicles driving in thoroughfare lanes (the main lanes in a parking lot) have the right of way over cars exiting parking spaces. Feeder lanes, which connect parking spaces to thoroughfare lanes, also follow right of way rules. If a driver exiting a parking space collides with a moving vehicle in a thoroughfare lane, the exiting driver is usually found at fault.
Other right of way considerations include:
- Vehicles driving in a straight path typically have the right of way over those making left turns.
- Drivers must obey traffic signs, such as stop signs and yield signs, when navigating parking lanes.
- Pedestrians have the right of way, and failure to yield to them can result in pedestrian accidents.
2. Rear end accidents in parking lots
A rear end accident in a parking lot follows the same fault determination rules as other car accidents. In most cases, the tailing driver is responsible for rear end accidents, as they are expected to maintain a safe distance. However, if a driver suddenly slams on their brakes without cause, the fault determination may be more complex.
3. Accidents involving parked cars
If a driver hits a parked car, they are almost always at fault. This includes situations where a moving vehicle collides with a properly parked vehicle or when a driver miscalculates a turn while pulling into a parking spot. However, if a parked vehicle is illegally positioned, such as in a fire lane or blocking traffic, fault may be shared.
4. Two vehicles backing out at the same time
When two vehicles back out of parking spaces at the same time and collide, both drivers may share fault. In these cases, insurance companies may assign partial liability to each driver based on fault determination rules.
5. Left turn accidents in parking lots
Left turn accidents often occur when a driver turns left out of a parking spot or onto a main parking lane and collides with oncoming traffic. Since oncoming traffic typically has the right of way, the driver making the left turn is usually found at fault.
What to Do After a Parking Lot Accident
If an accident occurs in a parking lot, taking the right steps can help protect your legal rights and ensure a fair insurance claim.
- Gather evidence by taking photos of the damage, parking lanes, and traffic signs.
- Obtain the other driver’s insurance information and contact details.
- Call the police if there are injuries or significant damage, as a police report can help with fault determination.
- Speak with witnesses who saw the accident occur.
- Report the accident to your insurance company as soon as possible.
If there are disputes over fault or if the insurance company refuses to cover damages, consulting a car accident attorney may be necessary.
Can You File an Insurance Claim for a Parking Lot Accident?
Yes, you can file an insurance claim after a parking lot accident, but the process may differ from a standard car accident claim. Since parking lots are private property, law enforcement may not always file a police report, making it crucial to collect as much evidence as possible.
Your car insurance policy may cover vehicle damage under collision coverage, while liability insurance can help if you are found at fault. If another driver is at fault but uninsured, your insurance provider may require uninsured motorist coverage to cover your damages.
When to Contact a Car Accident Attorney
If you were involved in a parking lot accident and are facing challenges with an insurance claim, a car accident attorney can help you navigate the legal process. Attorneys can assist with:
- Disputes over fault determination
- Insurance companies denying claims or offering low settlements
- Injuries requiring medical bills and lost wages compensation
Seeking legal advice can help ensure you receive fair compensation for damages and personal injury claims.
Contact a Car Accident Attorney for a Free Consultation
If you have been in a parking lot car accident and need legal assistance, the Law Offices of Gary S. Greenberg can help. Our team will review your case, determine fault, and handle negotiations with the insurance provider to protect your rights.
Call the Law Offices of Gary S. Greenberg at (414) 271-7007 to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQs
Are parking lot accidents always the driver’s fault?
No, fault depends on the circumstances of the accident. In some cases, a parked vehicle, pedestrian, or even poor parking lot design can contribute to the crash.
Will my insurance cover a parking lot accident?
Your car insurance policy may cover damages depending on fault determination and the type of coverage you have, such as collision or uninsured motorist protection.
What if I hit a parked car in a parking lot?
If you hit a parked car, you are likely at fault. Leaving the scene without providing insurance information can result in legal consequences.
Can a parking lot accident result in a personal injury claim?
Yes, if you were injured in a parking lot accident due to another driver’s negligence, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
Should I call the police after a parking lot accident?
If there are injuries or significant damage, calling the police is recommended. However, since parking lots are private property, they may not always file a police report.
