If you have experienced a car accident in a parking lot, you may be wondering if you or the other driver is at fault in this scenario. There are several factors to consider when determining fault in a parking lot car accident, which we’ll explain in this article. Whether you have been in a fender bender or a more serious parking lot collision, the following information is for you.
The Philadelphia car accident lawyers at Cousin Benny help victims of all types of motor vehicle accidents get the compensation they deserve. If you’ve been involved in a parking lot accident in Philadelphia, contact us today for a free consultation.
Common Parking Lot Accidents
When navigating the congested and often confusing spaces of parking lots, various types of accidents can occur. Here are the most common parking lot accidents:
- Read-End Accidents: Collisions often occur when one vehicle is following another too closely and doesn’t have adequate time to stop.
- Left Turn Accidents: When a driver making a left turn doesn’t yield to oncoming traffic, they often collide with another vehicle.
- Accidents Involving Pedestrians: Drivers may struggle to see pedestrians walking through busy parking lots, resulting in vehicular accidents.
- Pulling In & Out of Parking Spots: Collisions can occur when a driver fails to check their surroundings while pulling into or out of a parking space.
How Parking Lot Car Accidents Happen
Parking lots and parking garages are common places for vehicle accidents, especially in busy shopping areas around Philadelphia. The most common reasons for parking lot car accidents are:
- Driver is distracted: Oftentimes while searching for that illusive open parking spot, drivers neglect to pay attention to the other vehicles and pedestrians around them.
- Bad site lines and poorly marked roadways: This lack of directional guidance leads to confused motorists and accidents.
- Tight parking spaces: This is especially true in parking garages, where space between parking spots is limited.
- Pedestrians walking in all areas: Sidewalks or designated walkways aren’t always available, leading pedestrians to walk around cars distract drivers.
Parking lot conditions typically lead to fender bender accidents, such as backing into another parked car or scraping the side of another vehicle. While rare, major collisions may also occur in parking lots, particularly when drivers do not obey the lot speed limits.
What to Do After an Accident in a Parking Lot?
1. Check Yourself for Injuries
The first thing you should do if you are in a parking lot accident is evaluate your health. If there are any injuries, you should immediately call 911 and seek medical attention. It’s also important to follow up with all doctor recommendations. Should you pursue a lawsuit, your medical bills and records may be important evidence in your case.
2. Move Your Vehicle Out of the Way
Assuming you are physically able to do so, the next step is to move the cars to avoid blocking the road. The last thing you want to do is create another accident by having another driver hit your car. If your vehicle is too damaged to drive, then you should definitely call 911 and seek police assistance.
3. Collect Evidence
It is never too early to begin thinking about an insurance claim or even a lawsuit. The following are essential pieces of evidence to putting your case together:
- Photos of the accident site, preferably from different angles and vantage points.
- Name and contact information of the other driver and their vehicle information. Be sure to get their insurance details as well.
- Witness testimony: ask onlookers to provide a statement of what they saw. Be sure to get their contact information.
- Contact information of the parking lot owner or manager. If there are security cameras with video recording, then you will want to obtain a copy.
- Also, be mindful of what you say. Remember that every word is “on the record,” so avoid admitting fault.
4. File a Police Report
For the sake of any legal action, it is important to have a police report as an official record of the parking lot accident. The police report will be considered by a court or insurance company regarding your case, so make sure that your side of the story is included fairly in that report.
5. Contact Your Insurance Company
You’ll want to contact your insurance company following the accident. However, the extent that your insurance company can help you will depend on the types of coverage you have and the circumstances of the accident. A car accident attorney can also help you with dealing with the insurance company.
How is Fault Determined in Parking Lot Accidents?
When determining fault in parking lot car accidents, adherence to traffic signs, right-of-way rules, and legal exceptions must be considered. Under Pennsylvania’s comparative fault rules, any party that contributes to a parking lot accident can be held liable for causing the accident.
Gathering substantial evidence allows car accident lawyers to effectively argue on your behalf, ensuring fair fault determination.
Factors Affecting Fault
When determining fault in parking lot accidents, authorities examine the drivers’ adherence to posted traffic signs and pavement markings. Unmarked lanes and discrepancies in drivers’ accounts of the incident can complicate fault determination.
Weather conditions and the functionality of a vehicle’s lights and signals can also influence fault assessments.
Right-of-Way Rules in Parking Lots
Right-of-way rules maintain order and safety in parking lots. Typically, vehicles moving along main parking lanes have the right of way over those exiting parking spaces into feeder lanes.
Pedestrians in parking lots should always be given the right of way by drivers. Understanding and following these guidelines is essential for preventing accidents and ensuring smooth traffic flow in densely packed areas.
Exceptions to Consider
If a driver suddenly backs out of a spot and into the path of a car that is speeding, fault may be shared between the two parties. Malfunctioning parking lot equipment such as faulty lights can also affect fault. It’s important for authorities to consider these variables when determining responsibility for a parking lot accident.
How Collision Insurance Applies to Parking Lot Accidents
Collision insurance allots funds to repair or replace your vehicle if it is damaged in a collision with another vehicle or object. It is particularly valuable in parking lot scenarios where fault may be difficult to determine or is shared between multiple parties.
While collision insurance may offer substantial coverage in the case of a parking lot accident, policies typically require a deductible payment before insurance benefits may be accessed.
Understanding Liability in Private Property Car Accidents
Liability in accidents occurring on private property, such as parking lots, can be more complex than on public roadways. In these cases, the actions of the driver and the conditions of the property contribute to fault determination.
Parking lot owners are responsible for maintaining a safe environment by providing adequate lighting and clear signage. Drivers are expected to navigate cautiously, respecting traffic patterns and the presence of pedestrians. When an accident occurs, establishing liability often hinges on proving negligence by the driver, the property owner, or both.
Hire the Philadelphia Car Accident Lawyers at Cousin Benny
If you were recently in a parking lot accident and need assistance with your case, contact the skilled legal team at Cousin Benny. Our personal injury lawyers have experience dealing with all types of car accident cases in Philadelphia: hit & run accidents, rear end collisions, distracted driving accidents, and more. We know how to take on insurance companies and get you the compensation you deserve.