Parking Lot Accidents — Who Is Liable?

While cars and trucks spend a lot of their time on the road, they also spend a majority of it parked. This means that a parking lot can be a spot primed for accidents. Who is at fault if you're in an accident in a parking lot? The answer is sometimes clear and sometimes tricky. Here are some of the people most likely to be liable for injuries and damage. 

1. Drivers Backing Up 

In general, parking lot users are expected to follow many of the same rules they adhere to on the road. And this includes higher chances of liability if the driver is in reverse. Because so many accidents happen in reverse in parking lots, this is the most likely person to be held financially responsible. 

Things get challenging when two reversing drivers leaving parking spaces hit one another. In this case, it may be difficult or even impossible to determine which one first reversed. 

2. Drivers Entering a Through Lane

There are different types of driving lanes in parking lots. Through lanes are those on the perimeter as well as those exiting and entering a lot. These lanes generally have the right of way. If an accident occurs between a through-lane driver and one coming or going from parking areas, the latter is more likely to be held at fault. 

3. Drivers Ignoring Signs

What signage has been put up in the lot to direct traffic and create the ground rules? These may or may not be binding on drivers, but they can count against any driver who ignores them. 

For example, a through-lane driver who ignores a clear sign to yield for those entering from the parking spaces may be liable even though they would normally have the right of way. 

4. Parking Lot Owners

What is the condition of the parking lot? Is it well-maintained, with good lighting, useful directional markers, and good visibility? If not, the parking lot owner may also be held liable under the doctrine of premises liability. 

5. Negligent Pedestrians

Finally, there are pedestrians and bicyclists who use the parking lot. These are the least likely to be found liable for their own accident. But it can occur. Pedestrians have a duty of care to act reasonably to prevent harm to themselves. If they act in demonstrably negligent ways that disregard that duty, they may be deemed at least partially liable for an accident. 

Where to Start

Have you been involved in a parking lot accident? No matter the circumstances, don't assume that you are liable or that you cannot be accused of liability.

For more info, consult an accident lawyer.