How Is Fault Determined in a Parking Lot Accident?

Car accidents can happen anywhere. Even a parking lot, where traffic generally flows at low speed and with caution, can be the location of a significant collision. If you were involved in a parking lot car accident, you may have questions about your rights to compensation, either through insurance or a lawsuit. Insurance payouts require a determination of fault, and if you plan to file a personal injury lawsuit to recover your losses, you will need to prove that the other party was at least partially liable.

How Is Fault Determined in Different Types of Parking Lot Accidents?

In the aftermath of a parking lot car accident, drivers typically file their claims with the appropriate insurance company, which investigates the accident to determine fault. A determination of fault is needed to know which insurer is responsible for the damages caused by the accident. The four most common types of accidents in a parking lot are left-turn accidents, rear-end accidents, entering and exiting parking space accidents, and failure to yield accidents. Each stipulates general circumstances for fault.

Rear-End Accidents

Rear-end parking lot accidents are virtually the same as rear-end accidents on the road. The driver that hits the other car from the rear is almost always at fault. When a driver is tailing another vehicle, they have a responsibility to remain at a distance far enough away from the other car that they can stop abruptly without colliding. Distracted driving is a common cause of rear-end accidents in parking lots. For example, drivers often rear-end other vehicles because they were texting, eating, programming the GPS, tuning the radio, or emailing.

There are only sporadic cases where the tailing driver is not at fault. When this happens, you should file an insurance claim with the other driver’s insurer. Out of all 50 states, 49 require drivers to have a minimum of liability coverage.

Entering and Exiting Parking Spaces

As you back out of a parking space, you owe a duty of care to the pedestrians and vehicles around you to back up safely. When two cars begin backing up around the same time and crash into one another, the car that started to back up second is usually at fault.

When two vehicles appear to exit parking spaces simultaneously and collide, determining fault is often difficult. Sometimes the drivers agree that they bear equal responsibility. This is common when there is little or no damage. Sometimes the drivers will disagree and blame one another, but the police might be able to deduce whether one car began backing out sooner by looking at the placement of the vehicles.

Failure to Yield Accidents

In general, parking lots have three components:

• The thoroughfare lanes are the wider lanes that surround the parking lot and connect to the road.
• The feeder lanes are the lanes that guide drivers up and down the lot with spaces on either side.
• The parking spaces are obviously where cars park.

Drivers exiting parking spaces must yield for cars in the feeder lanes, and drivers exiting the feeder lanes must yield for cars in the thoroughfare lanes. Therefore, when a vehicle exits a parking space and fails to yield for a vehicle in the feeder lane, the former is likely at fault if an accident occurs. Similarly, when a driver turns onto a thoroughfare lane and causes a crash, the driver from the feeder lane is usually at fault. However, every case is different, and fault is determined situationally.

Left Turn Accidents

Left-turn accidents happen when a driver in a two-way feeder lane turns left into a parking space and collides with another driver going the opposite direction. The at-fault party in this accident would be the driver that made the turn.

What Should You Do if You Are at Fault?

If you cause an accident in a parking lot, the most important thing you can do is remain on the scene. If you leave, you may face a charge for a hit and run, which is likely much more costly than an increase in your insurance payments. If the other vehicle owner is present, provide your contact and insurance information. If you hit a parked car, look for the other driver. If you cannot find them, write down your contact and insurance information with a brief description of the accident, omitting any direct or indirect admission of fault.

What Should You Do if Someone Damaged Your Car in a Hit and Run?

If you find your car in the parking lot with collision damage, no at-fault driver, and no note, you are likely the victim of a hit and run. Take a deep breath and follow these steps:

• Start gathering evidence. Use your phone or a camera that you have handy to take photographs of the damage to your vehicle. Look for any fallen debris in the road, and ask anyone around you if they saw anything. Check the cars nearby for damages and take photos of any you find. 
• Make notes while the information is fresh in your mind. If you are using a smartphone, the photographs you take will have a time and location stamp automatically. You could go one step further and make a video so you can narrate the details on a time-stamped video.
• Call the police. The police will file a report even if the damage is minor. Additionally, they may help you collect more relevant evidence. This also puts the accident on file if the other driver has a change of heart and decides to contact the police.
• Ask for security footage if it is available. If the parking lot has cameras, you can hand over the footage to the police, who could potentially track down the driver by the license plate.
• Contact your insurance provider. Unfortunately, hit and runs often happen because the at-fault driver did not have coverage. Your insurance should cover your losses if you live in a no-fault state.

Contact a car accident attorney if you have questions about what you should do next or what your rights are in a hit-and-run case.

What Damages Could You Potentially Claim From a Parking Lot Accident?

Damages refer to all the losses that you incur from a personal injury. These may include any financial, physical, and emotional losses associated with the accident. The economic damages are:

• Cost of medical bills and future medical treatments for ongoing injuries
• Reimbursement of lost wages and future lost wages for further missed work or loss of earning capacity
• Cost of property damage based on repair or replacement estimations
• All other associated expenses, such as in-home care

The non-economic damages refer to the mental and emotional losses that are not already quantified. These include pain as well as suffering in the form of emotional distress and difficulties, the loss of consortium, mental anguish and a general loss of the capacity to enjoy life.

Should You Contact a Car Accident Attorney for Help?

Not all accidents are the same. If you do not have the experience of a car accident attorney, you may not fully understand your rights or the nuances of the legal process. The experienced attorneys at Fielding Law are here to support you and help you receive the compensation that you deserve. You should not have to navigate the aftermath of a car accident alone while dealing with the overwhelming repercussions of someone else’s negligent actions. Contact Fielding Law today for a free consultation.

Sources:

https://www.amfam.com/resources/articles/on-the-road/parking-accidents-101

https://www.nolo.com/legal-encyclopedia/who-is-at-fault-for-a-parking-lot-car-accident.html