Parking Lot Accidents: Who’s at Fault?
While parking lots often feel safer compared to roads or highways, they're a common setting for accidents involving both vehicles and pedestrians. Almost everyone has experienced backing out of a parking space and realizing there was a car right behind them or there was a pedestrian they didn’t see. There is usually a feeling of relief that accompanies a near-miss, but sometimes these moments can lead to an accident.
According to the California Office of Traffic Safety, parking lot accidents contribute significantly to the yearly traffic accidents reported in the state. Whether it’s a vehicle backing out of a spot or a pedestrian suddenly crossing a lane, it can be challenging to determine fault when parking lot accidents occur.
At the Law Offices of Steven Zwick, we are experienced in handling parking lot accident cases and we are committed to helping determine fault under California's specific traffic laws. Located in Mission Viejo, we strive to help clients throughout Orange County pursue compensation for their injuries and damages.
Common Accidents That Occur in Parking Lots
Parking lots are a common setting for accidents. Almost all parking lot accidents involve a motor vehicle, but some accidents also involve pedestrians, which can be some of the more deadly. Some of the most common types of accidents include:
Rear-end collisions: This happens when one vehicle collides with the back of another vehicle, often while one is backing out of a parking spot.
Pedestrian accidents: These occur when a pedestrian is hit by a moving vehicle. This could happen when a pedestrian crosses through lanes or walks behind a parked car.
Side-swipe collisions: This occurs when two vehicles collide on their sides, often in tight spaces or narrow lanes.
Parking lot fender benders: These usually involve minor damage to vehicles, such as scratches or dents from backing into each other or hitting a curb.
At the Law Offices of Steven Zwick, parking lot accidents can often lead to various injuries, including whiplash, broken bones, and head injuries, especially for pedestrians who lack the protection of a vehicle. These accidents can also result in property damage. Therefore, to pursue compensation for injuries or damages, it's necessary to determine who was at fault.
Determining Fault in a Parking Lot Accident
In California, parking lot accidents are governed by the same traffic laws as other types of accidents. This means that fault is determined based on negligence and the violation of traffic laws. However, determining fault can be more complicated in parking lots due to their unique layout and lack of clear right-of-way rules.
In most cases, insurance companies will look at several factors to determine fault:
Right of way: This refers to who had the legal right to proceed or yield in a particular situation. For example, failing to stop at stop signs, yield to pedestrians, or yield to oncoming traffic when backing out of a parking spot could be determined as a violation of driving laws.
Speeding: If a driver was speeding in the parking lot, it can be considered negligent behavior if it contributed to the accident.
Visibility: Inadequate visibility is a common factor in parking lot accidents. This can often include poor lighting or obstructions in the parking lot.
Missing or unclear signage: In a parking lot, signage missing or unclear signs can contribute to accidents. These signs are essential for directing traffic and indicating right-of-way.
Distracted driving: Using a cell phone or being otherwise distracted while driving or walking in a parking lot can also lead to an accident. Drivers, and in some cases pedestrians, might be deemed to be at fault for not being aware of their surroundings.
Who Can Be at Fault for a Parking Lot Accident?
When determining fault in a parking lot accident, drivers are usually the first consideration. However, in some cases, various parties could be partially at fault. The primary parties who may be held liable for a parking lot accident include:
Drivers: A distracted or negligent driver can often be at fault for failing to yield or improperly using mirrors and backup cameras. Negligence in traffic matters often leads to liability if it directly results in injury or damage.
Pedestrians: While drivers are often the liable parties, pedestrians may also bear responsibility if they fail to exercise due caution, especially if they enter into the path of a vehicle recklessly.
Property owners: Property owners have a duty to make sure their parking lots are safe for visitors and patrons. If inadequate lighting or maintenance issues such as cracked pavement or inadequate parking design contributed to the accident, they could be held liable.
Employers: Employers can be held responsible for accidents caused by their employees if the employee was performing work duties at the time of the incident.
Shared Fault in Parking Lot Accidents
In some cases, multiple parties may share fault in a parking lot accident. For example, if one driver was backing out of a spot while the other was speeding, both drivers may be liable for the accident.
California follows the principle of comparative negligence, where each party's degree of fault is considered when determining compensation. If you were partially at fault for an accident that occurred in a parking lot, you could still seek compensation for your injuries and damages. However, the compensation you receive will be decreased by your percentage of fault.
Steps to Take After a Parking Lot Accident
If you've been injured in a parking lot accident, there are certain steps you should take to ensure your safety and prepare for future legal proceedings. These include:
Check safety: Make sure everyone involved is safe. If you or the other party is injured, seek medical attention. Even seemingly minor injuries should be evaluated by healthcare professionals since symptoms can worsen over time.
Document the scene: Take photographs of the accident scene, visible damage, and any contributing factors like poor lighting or obstructed signage.
Gather information: Exchange contact and insurance information with other involved parties. If there are witnesses, collect their contact details as well, as their testimony might be crucial in establishing liability.
File a report: Report the incident to the property owner or manager. This creates an official record of the accident, which could be important in legal proceedings.
Consult an attorney: Contacting a skilled personal injury attorney quickly can make a substantial difference. At the Law Offices of Steven Zwick, we offer thorough guidance tailored to parking lot accident claims in California.
Reach Out to an Experienced Attorney
Determining liability in parking lot accidents can be complicated. At the Law Offices of Steven Zwick, we are committed to providing personalized support and robust representation to help you determine fault and pursue the compensation you need.
If you've been involved in a parking lot accident, consult an attorney as soon as possible. Located in Mission Viejo, California, we serve clients throughout Orange County. Contact us to schedule a free consultation.