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Who Is Liable in a Parking Lot Accident?

empty parking lot spot
By Michael LoGiudice
Founding Attorney

The dangers of parking lots are seriously overlooked. Pedestrians will be looking at their phones, drivers will be looking at their phones (thinking it is okay because they are traveling at low speeds, and everyone will be moving within the small space that is the parking lot. Such conditions are rife with the possibility of a car accident occurring. Even if most parking lot accidents occur at low speeds, they can still lead to traumatic injuries, especially if a pedestrian is involved. If you have been injured in a parking lot accident caused by the negligence of another party, you may be able to seek much-needed compensation from the liable party to help cover the expenses associated with the harm you have incurred.

Who is liable in a parking lot accident?

The liability analysis in a parking lot accident can largely depend on two central factors. First, who was moving at the time of the crash? Second, who had the right of way? The answer to these two questions will generally point to the liable party or parties in a parking lot crash. Let us take a look at some examples of common parking lot car accidents.

Sometimes, two cars in a parking lot will back up into each other. In this case, it is likely that both cars will carry liability for causing the accident. Both were moving and both failed to yield to the other car. If one car backed too far out of a parking spot and into another, unmoving car, then that car would be liable for the accident.

Other times, a car will back out into traffic or back out into another car moving through the parking lot. The car backing out has a responsibility to yield to oncoming traffic. In this case, therefore, the car backing out would likely be held liable for causing the accident.

Especially when parking lots get busy, there can be serious disagreements and conflict arising over available parking spots. Avoid the battle of over a parking spot no matter how agitated you may be. A common cause of parking lot accidents involves two cars colliding as they try to turn into the same spot. In this case, it is likely that both vehicles will be found partially at fault for the accident.

It is also important to note that, in the vast majority of cases, a vehicle will be held responsible for hitting a pedestrian. While there are other circumstances to consider, it is almost always the pedestrian who has the right of way and it is the vehicles responsibility to be mindful of pedestrians. This includes being mindful of bike riders as well. Bicyclists are far too often struck by a parked vehicle opening its door into its pathway.

Personal Injury Attorney

Have you been injured in a parking lot accident? Attorney Michael LoGiudice uses his knowledge and experience practicing personal injury law to get you the compensation you deserve. Contact us today.

About the Author
Michael LoGiudice handles all personal injury and medical malpractice claims. He is a graduate of Brooklyn Law School (1997) and has many verdicts and settlements totaling in the tens of millions of dollars.
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