Who Is At Fault In A Parking Lot Accident? What You Should Know and Do

How many times have you had a “close call” in a parking lot? Multiple times, I’ll bet. Parking lot accidents are common in Florida.  You might not think parking lot accidents could be anything worse than a minor fender bender. After all, cars are usually driving pretty slowly. However, serious accidents and injuries do occur—much more frequently than you might think. The National Safety Council (NSC) reports that approximately 50,000 accidents involving motor vehicles occur every year in parking lots and garages, with over 60,000 injuries and 500 fatalities.

Why Do So Many Parking Lot Accidents Occur?

Parking lots are usually smaller, enclosed areas, with vehicles circling around, often moving in opposite directions. Add to that scenario, many pedestrians walking back and forth, to and from their vehicles. Throw in the stress of looking for a place to park in a lot that is filling up, trying to keep up with a busy schedule, managing children, etc., and you can see why so many parking lot collisions occur.

Other factors heighten the risk of parking lot accidents, such as:

• Speeding/Reckless Driving

When people are in a hurry or rushing to find a parking spot, they do not always drive through the lot at a safe speed. Moreover, drivers frequently fail to use proper lanes, and cut through empty spaces to get where they are going.

• Distracted Driving

While entering and exiting parking lots, drivers are often talking or texting on their phones, checking e-mails or social media messages, looking at their GPS, and trying to control unruly passengers. These and other distractions can cause drivers to fail to observe important things happening around them, such as pedestrians walking nearby.

• Faulty Designs

Some parking lots are poorly designed. For example, they may have lanes going in multiple directions, and signs and arrows that are unclear and confusing. Parking lots may also have parking spots that are too small and compact for most vehicles to safely enter and exit.

• Negligent Maintenance 

With the passage of time, parking lots develop wear and tear, such as potholes and other hazards that can endanger those trying to drive, park in, and walk through, those areas. If left unrepaired, such hazards can cause, or contribute to, parking lot accidents.

Parking Lots Are Private Property, Under Florida Law

In Florida, parking lots are considered private property. Accordingly, some laws that apply to public road accidents do not apply to parking lot accidents.

If you are involved in a parking lot accident, you should call the police. Know, however, that there is no guarantee that the police will respond, unless there are serious injuries or public safety concerns. Because the police may not respond, it is especially important that you take steps to record and gather important information about the accident, just as a police officer or police service aide, would do.

Even if a police officer or police service aide comes to the scene, don’t expect that person to issue anyone a traffic citation.

Who Is At Fault for A Parking Lot Accident?

More Than One Person Can Be at Fault: Comparative Negligence/Fault

Florida uses a system of comparative negligence. That means that one person/entity may be at fault (held liable) for an accident.

• If multiple parties could have acted more reasonably to prevent the accident, then the parties will share liability. Each will be assigned a percentage of fault. If you were injured or if your vehicle was damaged, and your negligence contributed to the accident, then you will still be able to recover damages. However, the amount of money you are entitled to will be reduced in proportion to your degree of fault (by a percentage).For example, if you were found to be 30% at fault for causing the accident, then the amount of money you are entitled to would be reduced by 30%.
• Drivers are not the only ones who may be held liable for a parking lot accident. Under Florida law, the owner of a private parking lot has a duty to properly maintain and operate that lot. That means the property owner needs to do things like provide adequate lighting and signage, maintain the pavement, and remove debris. If it is determined that the owner failed to maintain or operate the parking lot in a safe manner, and that failure caused or contributed to the accident, then the property owner may be liable for all or some of the damages sustained in the accident.

The General Rule to Determine Fault for a Parking Lot Accident

Generally, the answers to the following two questions determine who was at fault for a parking lot accident:

1. Was the car moving? 

Generally, the driver of a moving car bears the majority of fault for a parking lot accident.

For example, if your car is legally parked and a driver passing by your car hits it, then the driver of that moving car is, generally, at fault.

2. Which driver had the right of way?

If both cars are moving, one car typically has the right-of-way, based on the pattern or lane of traffic. The driver who did not have the right-of-way is at fault.

Of course, if a driver is going too fast or fails to yield, that driver may also bear fault.

Who Is At Fault in These 5 Common Parking Lot Accidents?

1. Two vehicles back into each other while exiting parking spaces
   • Both drivers are backing out of different spaces.
   • Both cars are moving, so both drivers are responsible.
   • Each driver may not be looking for other vehicles, or may not see the other driver, if he or she is in a blind spot.
   • Each driver is responsible for checking to make sure it is safe to back up, before doing so.
   • Since both drivers were moving, and neither had the right-of-way, both drivers may be found equally at fault

2. A driver pulls forward out of a parking space, into a lane of oncoming traffic, hitting another moving car
   • A driver pulls forward out of a parking space, and into the lane of moving traffic.
   • Since the driver leaving a parking spot must yield to existing traffic, the driver pulling out of the parking space may be found at fault.
   • However, if the driver traveling down the lane of traffic was speeding, was distracted, or otherwise negligent, that driver may also share some fault.

3. A driver backs out of a parking space, and into an oncoming vehicle
   • In this type of accident, a driver might back out of a parking space and hit a vehicle that is moving in the lane of traffic.
   • Both cars are moving, so both drivers are responsible.
   • However, the driver in the traffic lane has the right-of-way.
   • The driver leaving the parking space must yield the right-of-way to moving vehicles, and must wait for a safe time to back out.
   • Therefore, the driver leaving the parking space is usually found at fault.

4. Two cars vying for the same parking space, collide
   • While rushing to get a parking space, one car collides with another.
   • Both cars are moving, so both drivers are responsible.
   • Which driver has the right of way? As on a roadway, the driver making a turn across traffic must yield to oncoming traffic.
   • The driver turning left into the parking space likely bears the majority fault for this accident, because he/she failed to yield.
   • The following factors will also affect who is assigned fault–and the amount of fault– for the accident:
     • the points of impact on the car;
     • how far each car was into the parking space, when the collision occurred; and
     • the speed of the cars, prior to impact

5. A car rear ends another car at a stop sign
   • In this case, only one vehicle is moving.
   • Generally, the moving vehicle is at fault, whether it occurs in a parking lot or on a roadway.
   • The driver in the second car will, likely, be deemed at fault, because a driver is expected to provide enough distance between his/her vehicle, and the vehicle in front of him/her, so as to avoid a rear-end collision.

Steps You Should Take Following a Parking Lot Accident

It is always important for a victim of a car accident on a public road to personally gather information about that accident, at the accident scene. However, gathering information about an accident in a parking lot is even more important, because there is no guarantee that the police will respond or write a report containing the necessary accident details. When the police don’t investigate the accident, it’s up to you to gather the evidence that you need to show who is at fault for the accident. If you are ever in a parking lot accident, you should do everything you can to create your own informal version of an accident report. 

After A Parking Lot Car Accident, Follow These Steps:

• Remain At the Accident Scene

In Florida, it is crime to leave the scene of a vehicle crash involving death, bodily injury, or property damage. It is considered a “hit and run,” even if the accident occurred in a parking lot.

Section 316.061-316.063, Florida Statutes, outlines a driver’s duties.

If the crash only involved property damage, the statute states:

• You must immediately stop following the accident, staying as near to the site of accident as possible;
• You are required to show your driver’s license, if the other party asks;
• You are required to provide your identifying information to the person who owns the property that was damaged, or to the injured party;
• You must provide your driver’s license, registration and address to the police officer on the scene; and
• If there were no witnesses to a crash, and only property damage occurred (g. you dinged another car in the parking lot or ran into a mailbox), you must first attempt to locate the property owner. If unsuccessful, you must securely attach a written notice with your name, address, and the basics of the accident, to a place where the notice will be easily seen. You must then notify the nearest law enforcement agency of the crash.

Additionally, if the crash resulted in serious bodily injury or death, here is what the statute requires you to do:

• If it is obvious there are injuries, and medical treatment is required— and the other person requests medical treatment— then you must render any “reasonable assistance,” including taking the other person to the hospital, or making arrangements so that the person can be transported to the hospital; and
• If the other driver is unable to request assistance, and you are not seriously injured, you must immediately notify law enforcement.

• Call 911

If you or anyone at the scene of a parking lot accident is hurt or appears dazed, call 911.

After the accident, you should also promptly seek medical care.  Sometimes injuries aren’t apparent right away, so if you do not receive care from first-responder medics at the accident scene, then you should get a check-up soon after the accident. If you fail to see a healthcare provider within fourteen (14) days of the accident, and you later realize that the accident caused you troublesome injuries, your auto insurance company will deny you valuable Personal Injury Protection (PIP) benefits. For this reason, you should always keep that 14-day window in mind. To learn more about PIP, click here.

• Don’t Argue with the Other Driver

 Emotions and tempers can flare after getting into an accident, so try to keep yourself and other people at the scene, calm. Never get into an argument about what happened, or who is at fault. Also, do not admit that the accident was your fault. Just be polite and let the other party know that your insurance company will handle the matter.

• Exchange Information with the Other Driver

After you call the police, gather key information about the other driver, including the:

• Name of the driver;
• Name of the vehicle owner if not the same as the driver;
• Names of any passengers;
• Vehicle make, model, and license plate number;
• Driver’s license number,
• Phone number; and
• License plate number;
• Insurance information – including the company name, policy number, and phone number to call, in order to report a claim.

If the other driver is uncooperative, or you believe that he/she does not have auto insurance, do your best to gather as much information as you can.

• Get the Contact Information of any Witnesses

If there were witnesses to the accident, request their names and contact information.

• Make Notes

Make notes about:

• how crowded the parking lot was;
• what types of signs the parking lot had;
• surveillance cameras; and
• any other information you think may be important.

• Take Photos

Taking photos with a camera or smartphone is one of the best ways to document the accident, and can be very helpful in determining who was at fault.

You should take photos of:

• the accident scene before moving your vehicle from the point of impact;
• the damage to your vehicle and any other vehicles involved;
• broken glass;
• skid marks; and
• any other property damage that is immediately apparent.

• Look For Security Personnel Who May Have Been Monitoring the Parking Lot

Scan the parking lot for a security officer, and report the accident. Among other things, the officer may be able to:

• document the accident;
• give you information about security cameras that may have captured the incident;
• provide you information about the owner of the lot, and other valuable information; and
• serve as an important witness. 

• Track Down Any Parking Lot Surveillance Video Footage of the Accident

Check for surveillance cameras. Most parking lots and nearby businesses have them in place. If none are readily visible to you, ask a security officer or business owner in the surrounding area if there are cameras in the vicinity. Video surveillance footage of the area may show how your accident occurred. If a security camera recorded the accident, this could be very useful in showing that the other driver was at fault. If the other driver left, the footage can help you and the police locate him/her.

Before you leave, go into the store and ask the manager if he or she has any security camera footage that you can view. Ask the owner to save any such video footage. You should do so as soon as possible, because surveillance video often runs on a loop, and will be recorded over, after a certain amount of time. If you wait too long, the video you need will likely no longer be available.  The owner will say that he/she was never asked to preserve it.

You should know that the video surveillance footage is the private property of its owner. This means that the owner of that footage does not have to give you access to it. However, it is always best to ask the owner to preserve it. Shortly thereafter (within a day or two after the accident), you should follow up with a written request to the owner to preserve the footage. Send your written request in a way that proves the owner received it (such as via certified mail, return receipt requested).

• Notify Your Auto Insurance Company

If you’re involved in a minor accident, you might wonder whether you should report it to your insurance company or just work it out with the other driver. The answer is: always report an accident to your insurance company. Your insurance policy requires you to do so. If you don’t, and you or the other person ends up with injuries or property damage much worse than originally thought—and—you failed to report the accident to your insurance company, then your insurer will have the legal right to deny claims for damages arising from the accident. Don’t take the chance. Always report an accident to your auto insurer.

How to Avoid a Parking Lot Accident

When in a parking lot, you should be hypervigilant about the risks surrounding you.

Take these steps to reduce the risk of a parking lot accident:

• Drive slowly and use directional signals;

• Use turn signals to indicate your intentions;

• Conduct a quick, 360-degree walk-around before backing out, keeping an eye out for low-lying objects;

• When parking, pull through on arrival, whenever possible, and if it works, with the flow of traffic;
• Don’t rely completely on technology; look over your shoulder and use your mirrors as you back-up;

• Set your side mirrors, so that you minimize blind spots;

• Before backing up, look multiple times for other vehicles, pedestrians or shopping carts;
• Use your vehicle’s back-up camera to safely leave a parking space. However, keep in mind that the back-up camera may not detect motorcycles, smaller objects, or shorter adults or children;
• Obey all parking lot signs;

• Stay in lanes and avoid cutting across lots;
• Anticipate the actions of other drivers;
• Obey stop signs and no-parking signs;
• Watch for small children and parents with baby strollers;
• Park away from the crowds.

Palm Beach County Car Accident Attorney. Call Us Today To Discuss Your Claim

If you were injured in a parking lot accident in Palm Beach County, Florida, Andrea McMillan, with the Law Offices of Andrea McMillan can discuss your rights during a free consultation. You may be able to recover compensation for any damages suffered, such as medical expenses, lost earnings, and pain and suffering. Our law firm works on a contingency fee basis. This means you are charged no upfront fees. In fact, you pay us no fee, unless we win. We have the experience and resources to handle your case with skill and determination. Call us today at (561) 612-5700.