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Parking lots can be full of chaos. Cars pull in and out of tight spaces, pedestrians cross unexpectedly, and drivers circle for the closest spot. That is why parking lot accidents are common. These accidents might seem minor but determining who is legally at fault can be tricky. The rules in a parking lot can be confusing. But liability still matters, especially when damage or injuries are involved.
The Role of Right of Way
Right of way is an important factor in determining fault. General rules apply even though parking lots may not be governed by traffic lights and stop signs.
Drivers traveling in a through lane usually have the right of way over drivers pulling out of parking spaces. The driver backing up may be found at fault if they back out of a spot and hits a vehicle already moving through the main lane. The moving vehicle has the right of way.
But drivers backing out at the same time and hitting each other may share responsibility. Liability may be split in half based on the angle of impact and who started moving first.
Pulling In vs. Pulling Out
Responsibility can also shift depending on how you enter a parking space and exit one. Generally, a driver exiting a space is expected to yield to any moving traffic. Pulling out while another car is driving by requires you to wait until the coast is clear. You could be held liable If you hit a moving car while exiting your space.
However, fault might be shared if someone speeds through the parking lot and hits your vehicle while you are slowly pulling out. Witness accounts or security footage can help with this case.
What Happens When There are Two Cars in One Spot
Sometimes, two drivers try to claim the same empty spot. They go for it and hit each other. These cases are especially tricky. Liability often depends on the angle of entry, who had position first, and whether one driver made an unsafe maneuver to beat the other.
In general, responsibility should be borne by the driver who cuts in or was not paying attention to another driver who was already turning into the space. But again, it could be a shared liability situation, especially if both parties were overly aggressive or inattentive.
Pedestrian Accidents in Parking Lots
Pedestrians also have legal protections in parking lots. Drivers must yield to people walking through marked crosswalks and near store entrances. The driver of the car who hits a pedestrian is likely at fault unless the pedestrian darted out unexpectedly or was behaving recklessly.
But pedestrians also have a duty to be aware of their surroundings. Fault assignments can be challenging if someone walks into the path of a car without looking or is glued to their phone.
The Importance of Evidence
Evidence plays an important role in determining liability in parking lot accidents. This might include surveillance footage from nearby businesses, photos of the damage and position of the vehicle, and witness statements from other drivers or pedestrians. Also, diagrams or notes taken at the scene are considered. Insurance companies will review this information along with state traffic laws and local parking regulations. This makes it important to clearly show what happened during a parking lot accident. How you demonstrate evidence can affect your position in the case.
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