Who Is Liable in a Parking Lot Car Accident?

Parking lot car accidents are common this time of year and often lead to questions about who is responsible. They happen for different reasons, and determining liability in these accidents can be challenging since many factors can affect who is at fault. After your injuries are attended to, the next step is finding out what caused the crash.

What Are the Most Common Causes of Parking Lot Accidents?

Common parking lot accident causes include:

• Drivers backing out of spaces without checking for other vehicles
• Failure to yield to other drivers
• Distracted driving
• Pedestrians moving between vehicles
• Limited visibility due to parked cars
• Poor lighting
• Unique traffic patterns
• Unclearly marked right-of-way rules, leading to confusion and collisions

Who Has the Right of Way in a Parking Lot?

Generally, vehicles in main driving lanes, or “thoroughfares,” have the right of way over those in parking spaces. Drivers exiting parking spaces should yield to vehicles traveling in these main lanes.

However, the right-of-way rules may differ if two vehicles are in driving lanes that intersect within the lot. That depends on the lot’s layout and any directional signs or pavement markings.

Who Is Responsible When Both Cars Are Moving?

When both vehicles are moving in a parking lot, liability may depend on each driver’s actions. For example, if one vehicle backs out of a space and collides with a car driving through the lot, the driver backing up may bear most of the responsibility. Courts often view backing out of a parking space as a maneuver requiring extra caution. However, if the other driver is speeding or not paying attention, liability could be shared.

Who Is Liable When One Car Is Parked?

If one car is parked or stationary at the time of the accident, the driver of the moving vehicle is usually held responsible. This could happen if a moving vehicle strikes a legally parked car or a driver opens a car door into the path of an oncoming vehicle. Nevertheless, if a car is illegally parked, partial liability might be assigned to the parked vehicle’s driver.

How Is Fault Determined When Both Drivers Back Up?

When both drivers are backing out of parking spaces and collide, fault is often more difficult to determine, as both drivers have an obligation to check for other cars. In these situations, fault may be shared between both drivers.

How Can I Prove Fault in a Parking Lot Accident?

Proving fault in a parking lot accident often requires careful documentation and evidence collection. We suggest photographing the accident scene, noting the positions of the vehicles, and obtaining witness statements. Other evidence sources include surveillance cameras and police reports.

How Can a Lawyer Help With My Parking Lot Accident Claim?

Parking lot accidents can present unique challenges when proving fault and obtaining fair compensation. An experienced attorney can protect your rights throughout the claims process and work to collect the necessary evidence.

Our legal team can guide you through the insurance claims process and explain liability laws. Our Manasquan car accident lawyers can be especially helpful if injuries are involved or if there are disagreements about fault.

Connect With the Knowledgeable Manasquan Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC

If you were injured in a parking lot car accident and need legal advice, the Manasquan car accident lawyers at Kitrick, McWeeney & Wells, LLC can provide guidance. For a free consultation, call 732-920-8383 or complete our online form. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.