Who is at fault for a parking lot car accident?
Parking lots are typically very chaotic; thus, they are a magnet for car accidents. Determining fault in a parking lot car accident depends on various factors. The following are the seven most common types of accidents that happen in parking lots, as well as who is typically held responsible in the situation:
- Two drivers collide while backing out of different spaces – In most cases, both drivers would usually be at fault. This is because both drivers are moving, and both have a responsibility to make sure that no cars are backing up at the same time or driving down the lane.
- A driver rear-ends a parked car in another space—It is almost always the fault of the driver who backed into the parked car. Every driver is responsible for allowing enough room when backing out of a parking space.
- A driver backs out of a space into a car driving down the lane – By and large, a car driving down the lane has the right of way. If a driver backs out of their space into the car driving down the road, the driver backing out would generally be at fault. However, if the driver coming down the road is speeding, then a portion of the responsibility may be given to both drivers.
- A driver pulls forward and hits a car driving down the lane—Typically, the driver pulling forward is at fault because they should have used reasonable caution and made sure no one was driving down the lane before pulling out of the spot.
- Two drivers collide while trying to park in the same space – A portion of fault for the accident would typically fall on both drivers in this situation. Most blame would generally be on the driver turning left into the parking space because any driver turning left into traffic is supposed to yield to oncoming traffic. However, many factors would be considered to determine fault, like how far either vehicle was in the parking space and the speed of each vehicle when the crash occurred.
- A driver turns in front of an oncoming car to get a space—The driver who pulls out in front of an oncoming car to get a space is generally the one at fault.
- A driver hits a pedestrian in the parking lot – The driver of the car that strikes a pedestrian in a parking lot is typically at fault; however, depending on the situation, this is not always the case.
There are ways to avoid a parking lot car accident, such as driving slowly and looking multiple times before backing out to ensure no one is behind you. If you have been involved in a parking lot accident, exchange insurance information, take pictures of the damage, and obtain a police report. If you have been hurt in a parking lot accident or would like more information from an auto accident attorney in Sacramento, call Eason & Tambornini today.
