Who’s at Fault in a Parking Lot Accident?

Parking lot accidents happen more often than most of us probably realize. Minor collisions can occur frequently with cars moving in and out of tight spaces, pedestrians walking between vehicles, and drivers sometimes distracted by looking for spots.  

Figuring out who’s at fault can be tricky, as parking lots are private property and often lack clear traffic signs. Still, understanding the general rules of right-of-way and driver responsibility can help clarify who’s liable when a parking lot accident happens. 

Right-of-Way Rules in Parking Lots 

One of the keys to determining fault in a parking lot accident is understanding who had the right-of-way. Parking lots typically have two types of lanes: thoroughfares and feeders.  

Thoroughfares are the main driving lanes that lead to exits, while feeder lanes lead to parking spaces. 

Drivers in thoroughfares usually have the right-of-way over those in feeder lanes. If a driver exiting a feeder lane collides with a vehicle in the thoroughfare, the driver from the feeder lane is likely at fault.  

Similarly, pedestrians generally have the right-of-way over vehicles, meaning a driver who strikes a pedestrian could be held responsible for the car accident. 

Common Types of Parking Lot Accidents and Fault 

The National Safety Council states that “tens of thousands of crashes occur in parking lots and garage structures annually, resulting in hundreds of deaths and thousands of injuries.” They also report that these accidents increase significantly around the holidays. 

The most common accident types include: 

Backing-Out Collisions 

One of the most frequent parking lot accidents is when a driver backs out of a space and hits another vehicle. If two vehicles are backing out at the same time and collide, both drivers may share fault, as each has a duty to check for oncoming traffic before reversing.  

If a driver backs out into a vehicle passing through a parking lane, it’s typically the reversing driver who’s considered at fault for failing to yield. 

Pulling Into a Space 

Crashes can also happen when a driver pulls into a parking space and collides with another vehicle. If a driver cuts off another car or fails to yield while turning into a spot, they may be considered liable for the accident. On the other hand, if two drivers attempt to enter the same space simultaneously from opposite directions, they could share responsibility. 

Hitting a Parked Car 

The driver who hits a legally parked car is almost always at fault. The stationary vehicle has no responsibility for avoiding an accident. The driver who was responsible should leave a note with their contact information.  

Failure to do so can be considered a hit-and-run. 

Stop Sign and Intersection Accidents 

Some parking lots have designated stop signs and intersections. If drivers fail to stop at a posted sign and collide with another vehicle, they are typically at fault. Even in the absence of clear signage, drivers should yield to those already in the intersection to avoid liability. 

Shared Fault and Comparative Negligence 

Sometimes, both drivers will share responsibility for a parking lot accident. Many states follow comparative negligence rules, which means that each driver’s percentage of fault determines the limits on compensation.  

For example, if one driver was speeding through the parking lot and another failed to check before backing out, both may share liability. 

Steps to Take Following a Parking Lot Accident 

If you’re involved in a parking lot accident, you should take immediate steps to document the scene and exchange information.  

Taking photos, noting witness statements, and reporting the incident to property owners or law enforcement (if necessary) can help clarify who is at fault later. Insurance companies will use these types of evidence to determine liability, even in private parking lots and structures. 

Determining who’s at fault in a parking lot accident depends on right-of-way rules, the driver’s actions, and the specific circumstances of the collision. While some cases are straightforward, others may require an insurance investigation to determine who is responsible.

You should always exercise caution, follow traffic signs, and pay attention to your surroundings to avoid accidents in a busy parking area. 

Our experienced car accident lawyers at the Law Office of Matthew L. Sharp can help if you’ve suffered injury or damage in a parking lot accident.