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Determining Fault in a Parking Lot Accident

Posted on Feb 7, 2018 11:59am PST

When it comes to car accidents on public roadways (streets and highways), insurance companies can usually determine fault by looking at which driver violated the rules of the road. For example, in a side-impact crash, usually the at-fault driver is the one who blew through a stop sign, ran a red light, or turned left in front of an oncoming vehicle.

But what about car accidents in parking lots where the rules are vague? As far as car accidents in parking lots are concerned, the good news is that people are usually driving slower, or at least they’re supposed to be. In a low-speed crash in a parking lot, the property damage and injuries should be minor compared to a crash that occurs on the street where posted speed limits are higher.

Just because cars are driving slower in parking lots, that doesn’t necessarily make them safe or accident-free. The problem with parking lots is that people are driving in every direction. They’re pulling in and out of parking spaces, fighting over parking spots, driving around each other, starting and stopping, and trying to avoid striking pedestrians. Sometimes, it can be hard to tell which car has the “right of way.”

So, in the event of a parking lot accident, it can be difficult to know which driver is responsible for a car accident. In this post, we shed light on parking lot collisions and how to tell which driver is likely liable for a parking lot accident.

Right-of-Way Rules in a Parking Lot

If you’re like most people, you drive in a parking lot at least once a week, if not every day. After all, most people visit their local grocery store, Wal-Mart or Target on a regular basis. If you lead an active lifestyle, you might even hit a local gym most days of the week. So, you have ample opportunities to drive in parking lots.

In the typical parking lot, there are rows of parking spaces with driving lanes throughout the parking lot. As a standard rule, when a vehicle is driving in a through lane, it has the right of way, and the drivers who are approaching these through lanes, must wait for the drivers in the through lanes to pass before entering.

Let’s say a car (Driver B) is in the through lane, heading towards the street. Meanwhile, Driver A enters the through lane while trying to exit a parking lane, causing a crash with Driver B in the through lane. In this scenario, Driver A would likely be found liable for the crash. However, if Driver B failed to obey a stop or yield sign, which gives the right of way to vehicles exiting the parking lanes, then Driver B would could be found liable.

Suggested reading: “Are Pedestrians Covered by Uninsured Motorist?”

To learn more about parking lot accidents and liability, contact our firm to meet with a Long Island personal injury lawyer.

Categories: Car Accidents, Personal Injury, Pedestrian Accidents
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