Parking lot accidents happen every day at shopping centers, grocery stores, office buildings, apartment complexes, and other busy locations. Although these collisions often occur at relatively low speeds, they can still result in vehicle damage, physical injuries, and disagreements over who is responsible. Understanding how fault is determined can help drivers evaluate their legal rights and responsibilities after a parking lot accident.
Who Else Can Be at Fault?
It is important to understand that a driver traveling through a parking aisle may share responsibility as well. Investigators may examine whether the approaching driver had enough time and distance to slow down or avoid the accident as a whole.
Other potentially negligent behavior includes, but is not limited to, the following.
- Distracted driving
- Failing to maintain a proper lookout
- Disregarding directional arrows
- Making an unexpected maneuver
A driver already traveling through a parking aisle does not have the automatic freedom to proceed without taking the proper safety precautions.
However, a driver backing up may be held liable mostly when they reverse into the path of a vehicle already traveling through a parking aisle. If the evidence establishes that the reversing driver failed to observe an approaching vehicle that reasonably could have been seen, that driver may be held accountable for the injuries and damage caused.
The Responsibilities of Both Vehicles
Car accidents involving two reversing vehicles are especially common in parking lots. These accidents may occur when drivers occupying opposite parking spaces begin backing out at the same exact time.
Since both drivers are reversing, neither is automatically responsible for the entire collision. Determining liability may involve examining the following.
- Which vehicle began reversing first
- Whether either driver stopped before impact
- The location of the damage on each vehicle
- Whether either driver had an unobstructed view
- Whether the collision could reasonably have been avoided
However, if both drivers failed to check their surroundings adequately, they may share responsibility and both be held liable. Drivers reversing from parking spaces should generally:
- Check mirrors and blind spots before moving.
- Look for approaching vehicles and pedestrians.
- Reverse slowly and maintain control.
- Stop when another vehicle approaches too closely.
- Avoid backing into an occupied traffic aisle when doing so would create an unreasonable risk.
Failure to take reasonable precautions may show signs of negligence
Comparative Negligence: An Overview
California follows a system known as pure comparative negligence. Under this rule, more than one person may be responsible for an accident, and an injured person's compensation may be reduced according to their percentage of fault. Comparative negligence is especially relevant in parking lot collisions because both drivers may have contributed to the events leading to the accident.
Types of Evidence that may be Important
Establishing liability often requires more than statements from the drivers involved. Parking lot surveillance cameras may capture the vehicles' movements before impact, helping clarify whether a driver reversed unexpectedly or another vehicle approached at an unsafe speed.
Photographs of vehicle damage, parking space markings, traffic signs, and the surrounding area may also provide useful information. Witness statements can help establish which vehicle was moving, whether either driver stopped, and how the collision occurred. Insurance companies may also consider the location of the impact, vehicle positioning, and available accident reports.
Types of Injuries
Although parking lot collisions often occur at lower speeds than highway accidents, injuries are still possible. Drivers and passengers may experience neck injuries, back injuries, soft tissue damage, or other physical harm. Pedestrians and cyclists may face additional risks because they lack the physical protection provided by a vehicle.
The severity of an injury depends on multiple factors, including vehicle speed, the direction of impact, the individual's position, and their medical circumstances. Individuals experiencing symptoms after a collision should consider seeking appropriate medical evaluation. Medical documentation may also become relevant when evaluating an injury-related insurance claim.
The Necessary Steps to Take After an Accident
After a parking lot accident, drivers should first check for injuries and obtain emergency assistance when necessary. If it is safe to do so, they should document the accident scene, photograph the vehicles, and exchange contact and insurance information. Drivers should also identify witnesses and ask whether nearby businesses have surveillance footage. Drivers should avoid assuming that the backing vehicle is automatically responsible.
The Importance of Seeking Legal Guidance and Support
Seeking legal guidance and support after a parking lot collision may be beneficial to victims and their families, as many individuals may not know the necessary steps to take after suffering injuries from these types of accidents. A legal professional may review the facts of your case, speak to insurance companies on your behalf, determine potentially liable parties, and preserve important pieces of evidence moving forward. This may be crucial to ensuring you make a smooth recovery moving forward.
The Legal Team at KAASS LAW
The qualified personal injury attorneys at KAASS LAW are determined to help victims and their families understand the various legal and insurance challenges that may follow a parking lot collision. Oftentimes, these types of accidents may be very dangerous and cause serious injuries to victims. Understanding the safety precautions to take afterward is crucial to maintaining your well-being as well as ensuring your rights are kept safe. Call KAASS LAW today for a confidential consultation and to learn more about your rights.