Who Yields in a Parking Lot?

A parking lot is not the most likely place for a dangerous car accident, but it happens to thousands of drivers every year. There are laws that govern parking lots just like the road, and when drivers ignore or deliberately violate them, they could cause devastating harm. Failing to yield is a common mistake that drivers make. If you experienced an accident in a parking lot because someone neglected the rules of right of way, you may be entitled to compensation.

How Do You Determine Who Has the Right of Way?

To determine who has the right of way and who should yield in a parking lot, you must consider your position and the surrounding circumstances. Some common examples and the rules for yielding are:

• Parking lots with signals, such as painted arrows, or signs like “exit this way” in a garage, dictate the traffic flow. While there are general rules for all parking lots, designated signs or other indicators override any differing rules.
• Drivers in the feeder lanes of the parking lot have the right of way above all parked cars, which means that drivers backing out of or into a parking space must yield to drivers in the lanes. 
• Drivers in the thoroughfare lane have the right of way over drivers in the feeder lanes.

If you are unfamiliar with the terminology above, picture a parking lot. The thoroughfare lane, also known as the main or through lane, is the largest. It usually connects to the road in one or two places and includes the perimeter lanes. The feeder lanes are the remaining lanes with parking spaces on either side. These lanes sometimes allow traffic flow in both directions or only one direction.

What Do You Do if You Are Involved in a Parking Lot Accident?

Parking lot accidents happen in many ways, and what you do in the aftermath is very important. If you hit a parked car without the other driver present:

• Do not leave the scene. Many parking lots and garages have security cameras, and if your license plate information is visible on the recording, you risk getting charged with a hit and run.
• Make a real effort to look for the owner of the car. If you cannot find them and the damage is minor, leave a note on the vehicle with your contact and insurance information.
• Document everything at the scene before you move your vehicle. This includes the damage to both cars, any signs or signals in the surrounding area, and the license plate information of the car you hit.
• If the damage is significant, you could call the police. They can conduct an investigation and write up a thorough report. They may look for the other driver as well.

If someone else hits you in a parking lot and the other driver is still there, take down their contact and insurance information. Then, document everything around you. Contact your insurance company, and provide them with all the information you gathered.

Several factors influence how and with whom you file your claim:

• Does the other driver have liability insurance? Except for New Hampshire, every state requires drivers operating a vehicle to have liability insurance coverage. Liability should cover the damage to your vehicle.
• Does your state require no-fault insurance coverage? Utah, Florida, Michigan, Minnesota, Pennsylvania, Hawaii, Massachusetts, New Jersey, North Dakota, Kansas, Kentucky, and New York all require no-fault insurance, also known as personal injury protection, and liability. In these states, drivers must file a claim, both for bodily injury and property damage, with their own insurance in the event of a car accident.
• Is the other driver uninsured? If the other driver does not have insurance, you can file a claim under your uninsured motorist coverage. If you do not have uninsured motorist coverage, you may need to file a lawsuit and seek compensation for your losses via civil court.

When the damages are extensive, filing a lawsuit could be your best option. An experienced car accident attorney can help you decide your next move.

Common Reasons for Parking Lot Car Accidents?

The conditions that lead to accidents in a parking lot vary based on a bevy of situational factors. However, some common causes include:

• Speeding in the feeder or thoroughfare lanes. Everyone has seen someone driving far too fast in a parking lot at some point. Speeding in a feeder lane is especially dangerous because you may not have time to react to other drivers backing out of parking spaces. In the thoroughfare, you may round a corner too quickly and hit another driver exiting a feeder lane.
• Driving while distracted. According to the National Safety Council, many people reported texting, watching videos, managing GPS systems, using social media, taking photos, and sending or receiving emails while driving through parking lots. Even looking around for a parking space in a crowded lot could also be dangerous.
• Lack of visibility. Crowded parking lots create many visual obstructions. For example, drivers backing out of spaces have trouble seeing if anyone is coming. Likewise, drivers looking for a parking space have trouble seeing if one is taken, and drivers sometimes have to pull out too far into the perimeter lanes to see if someone is coming.
• Ignorance about the rules of right of way. Many drivers do not understand when to yield in a parking lot, which is one of the most common causes of accidents.

Not all parking lot accidents are the result of negligence. Certain areas and locations are busier than others. For example, looking for a parking spot at a concert venue one hour before the concert starts will be slightly chaotic. Sometimes you have to hit the brakes for pedestrians that are not walking attentively or stop for a car you couldn’t see in your blind spot. However, when someone intentionally or unintentionally violates the right of way rules, they are likely liable for any accident that happens.

Would You Benefit From Hiring a Car Accident Attorney?

The legal process for a car accident lawsuit can be challenging to navigate for someone without experience. The laws regarding parking lot accidents and insurance requirements vary among states, and you may have questions regarding fault or private vs. public property. If you hire an attorney, you have support and a better understanding of your rights. For example, insurance adjusters are known for putting the financial interests of the company above the claimant, but an attorney can help you avoid falling prey to common bad faith tactics that insurers use, such as denying valid claims or misrepresenting laws and policy information. Additionally, most personal injury lawyers work on contingency. They understand the financial burden that often follows a car accident and may help alleviate it by offering legal representation without upfront fees.

Suppose you suffered an injury or property damage in a parking lot car accident because of a negligent driver. In that case, you could potentially recover compensation for anything you lost as a result. The team at Fielding law will represent your interest with tenacity and work with the insurance company to reach a settlement. Contact Fielding Law today for a free consultation if you are looking for a group of experienced car accident lawyers.

Sources:

https://blog.directauto.com/driving/parking-lot-right-of-way-rules/

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

https://www.statefarm.com/simple-insights/auto-and-vehicles/how-to-deal-with-parking-lot-accidents