Who is at Fault in a Parking Lot Accident?

Parking lot accidents in Arizona can raise various liability issues depending on how fault is determined and whether injuries result. Fault is dependent on the circumstances of the accident.

In this blog post, the attorneys at Stone Rose Law address personal injury and property damage liability arising from an accident in a parking facility or lot. If you have been the victim of a parking lot accident, call our law firm at (480) 631-3025 or use our online contact form to schedule a free consultation with an experienced Arizona personal injury attorney.

How is Fault Assigned in a Parking Lot Accident?

Who is to blame for a parking area collision depends on the circumstances. Here are some scenarios.

Two Vehicles Moving at the Same Time

This situation has several variables, although some rules are consistent. For example, all drivers must exercise reasonable care by keeping a proper lookout and driving at a safe speed; a car traveling in the main driving lanes usually has the right of way over a car pulling out of a parking space, and a driver who is backing out is expected to yield.

The following are some of these variations; note that the assignment of fault in each is a general rule, not an ironclad one:

• One vehicle stops and is rear-ended by another: This is a typical rear-end collision, in which case the following driver is usually at fault.
• A vehicle backing out of a parking space collides with another moving car: Usually, the driver of the backing-up vehicle is held at fault.
• Two cars backing out hit each other: Both drivers share fault.
• One vehicle attempts a left-hand turn into a parking spot and is struck by an oncoming car: In this case, the driver making the left-hand turn is typically at fault.
• Two drivers try to enter the same parking spot at the same time: The driver attempting to turn right into the spot has right of way, making the driver trying to turn left likely at fault, but sometimes both drivers can share fault.

One Moving Vehicle

The main variable here is whether the parked car was legally parked when the collision occurred:

• If the parked car was legally parked, the driver of the moving vehicle is at fault.
• If the parked car is illegally parked, fault may be shared.

Drivers Disregarding Directional Arrows or Traffic Signs

If a driver does not obey a directional arrow, a stop sign, or posted instructions, that driver will be at fault.

Hit and Run Accidents

Even if a driver hits an unoccupied parked vehicle, the duty remains to stop and leave information allowing the owner to identify the driver, including the driver’s name and address, the name and address of the vehicle’s owner if that is a different person, and the registration number of the vehicle that caused the damage.

Failing to leave this required information after hitting an unoccupied parked car is a hit-and-run offense under Arizona law.

Pedestrian Accidents

The pedestrian’s location at the time of the impact will have a bearing on who is at fault in a pedestrian accident:

• If the pedestrian is in a pedestrian crossing zone or a designated crosswalk, the driver of the car will be at fault.
• If the pedestrian is not in a crossing zone or crosswalk, the driver will still generally be at fault because drivers in parking areas must exercise reasonable care to avoid pedestrians, and pedestrians may have priority depending on the circumstances. But depending on the circumstances, the pedestrian may share some of the blame.
• If a child runs behind a car backing out of a parking space and is struck, the driver will generally be at fault, even if the child is unsupervised.

What Other Considerations Affect Liability for a Parking Lot Accident?

The behavior of drivers and pedestrians involved in a parking lot accident is only part of the calculation of fault in a parking lot accident. Here are some additional factors that can play a role.

Privately Owned Public Parking Areas

Many parking lot accidents occur on private property, such as store parking lots. If you get into an accident in a private parking area, this can affect who may be liable and whether the police will come to the scene.

Will the Police Respond to the Accident?

Whether the police will come to the scene of a parking lot incident depends in part on whether anyone was injured or killed in the accident. If an injury or fatality occurs, police will typically respond, though response can depend on agency policies and circumstances. Otherwise, the police may not always send an officer to investigate even if you call 911 to report the accident.

If the police do not respond to an accident on a private parking lot, the evidence you gather at the scene, like photos, video recordings, and the contact information for any witnesses, will be important in settling issues of who may be liable.

Is the Parking Lot Owner Potentially Liable?

Sometimes, conditions existing at the time of the accident can raise questions about whether the parking lot owner may be found partially at fault.

For example, if the maintenance condition of the paving was poor, or the lot was poorly lit at night, or if the lot did not have proper signage regulating the speed limit in the lot, or other known hazards existed that the lot owner did not correct, these can be evidence of negligence on the part of the lot owner if the owner knew or should have known of the dangerous conditions.

What to Do After a Parking Lot Accident

If you get into an accident in a parking lot in Arizona, here are the steps to take in the aftermath to help protect your legal rights and to reduce the chances of inadvertently having fault assigned to you.

1. Stop at the accident scene and exchange information with the other driver or the pedestrian involved in the accident. Do not apologize or admit fault. If you collide with a parked and unoccupied car, leave your contact information in a place where the vehicle owner can reasonably find it.
2. If anyone is injured, provide reasonable assistance to that person. This can include taking that person to a doctor or an emergency room if they request it.
3. Call the police. Request an officer to come to the scene even if no one was hurt or killed in the collision. If an officer arrives at the scene, ask them to file an accident report.
4. Gather evidence. Take photos and video recordings of the damage to your vehicle and to the other car from different angles. Take photos of your injuries, and photos and video of the parking lot area, to capture lighting and weather conditions, the condition of the parking lot, and any lane markings and signage. If any witnesses saw the accident, get their contact information.
5. Seek medical attention as soon as possible. Some injuries you may experience even in a low-speed accident may not show symptoms right away. Also, if you delay seeking medical care, an insurance company may construe that as indicating your injuries were not serious.
6. Contact your insurance company to report the accident. If the insurer asks you to make a recorded statement about the accident, politely decline to do so until you have consulted with an attorney.
7. Write down your recollections of the accident and document your injury symptoms. Over time, your memory of important details about the accident can fade. You can use your notes of the accident to refresh your recollection later in settlement negotiations or in a personal injury lawsuit.
8. Contact an experienced Arizona traffic accident attorney. Having legal representation can help you to avoid unknowingly making statements against your own interest to insurance claim adjusters or to attorneys for an at-fault driver and any other parties involved. Your attorney can also help you gather evidence and prepare your case for settlement or trial.

How Are Parking Lot Accidents Resolved?

Like most car accident cases, parking lot accidents usually settle outside of court. This often means negotiating settlements of your injury and property damage claims with one or more insurance companies and one or more personal injury defense lawyers.

This means that in most cases, it will be in your best interest to have a personal injury law firm represent you in these negotiations. Insurance adjusters and defense lawyers are often skilled, tough negotiators who use many kinds of tactics and methods to get you to settle for less than the fair compensation you deserve.

Furthermore, if the accident occurred in a private parking area and the police did not investigate or file a report, this may prompt insurance companies to contest your claim. They may even seek to blame you for the accident in the hope of using Arizona’s comparative negligence law against you to reduce the potential value of your settlement payout.

If you have a skilled personal injury attorney on your side in negotiations, your lawyer can handle important considerations like preserving your personal injury claim by filing it in court within Arizona’s statute of limitations, standing between you and insurance adjusters and other lawyers, identifying any possible third parties who may be liable to you, and making a strong case for you to receive all the compensation you deserve instead of settling for a low-ball offer.

Call Stone Rose Law if You Have Been in a Parking Lot Accident

A parking lot crash can be complex to resolve. They can involve several factors like right of way rules, third-party liability, witness statements and other evidence, fault determination and comparative negligence, insurance coverage, and the types of economic and non-economic damages you may be entitled to recover.

Although you can negotiate your parking lot accident claim on your own, having an experienced Stone Rose Law personal injury lawyer on your side can help you to recover all your claim is worth in settlement and to prepare for trial if negotiations do not give a satisfactory outcome.

Call us at (480) 631-3025 any day, at any time, to reach one of our car accident attorneys and schedule a free consultation and case evaluation. Or you can reach us online to do the same.