Last Updated on March 21, 2021 by Legal Team
Fault Determination in Parking Lots
Some drivers let down their guard when on a busy parking lot, causing many car accidents countrywide. Busy holidays and shopping seasons report the highest number of parking lot accidents. Due to the congestion in these places, accidents occur simultaneously, and it might be challenging to determine which driver is at fault.
How to determine the driver at fault
In these situations, an easy way of determining who is at fault is by asking two questions.
- Which car was moving at the time of the accident?
- If a moving vehicle hits another that was parked legally and not in motion, the former must take responsibility.
Who had the right of way?
Even in cases where both cars were in motion, it is still possible to determine fault depending on who had the right-of-way. For example, a driver at fault might not have adhered to the parking lot’s driving signs, such as a stop.
Common parking lot accidents
Below is a list of the most common types of parking lot accidents:
- Two vehicles reversing out the parking lot: This often happens when one or more of the cars are in a blind spot of the other. Usually, both drivers are at fault since neither have the right-of-way.
- Backing into an oncoming car: Rear-end crashes occur when a driver backs out of the parking and hits a vehicle driving down the road. As such, the backing driver is at fault for not being in the right-of-way.
- Driving into oncoming traffic: A driver driving into oncoming traffic will be at fault for not yielding to stop signs. Likewise, a speeding driver will be equally at fault for being negligent. This is a common cause of side-impact accidents.
- Collisions due to competing for the same spot in the parking lot: If two drivers find a parking space and simultaneously try to park there, they might bump into each other. In this case, both will be guilty. However, the driver that drives turning to the left will sometimes be more at fault.
How To Retrieve Money From Insurance Companies
When insurance companies are involved, they often check surveillance footage, both drivers’ statements, witness statements, and photographs of the scene, if there are any. In all instances, they will try as hard as possible to protect their client, avoiding as much payment as possible by minimizing the value of the victim’s claim.
When dealing with an insurance company, make sure you know your facts and have sufficient evidence to back up your claims. Consider purchasing a dashcam just in case something like this comes up in the future. It is a cheap and effective way to prove liability in many vehicle accident cases.
Avoiding parking lot accidents
Basic driving advice may seem overly simple, but it’s always a good idea to stay as safe as possible while driving a car. To reduce the risk of accident, one should:
- Slow down while driving in parking lots.
- Reduce blind spots by adjusting the side mirrors as necessary.
- Use the vehicle’s turn signals while backing out of parking spaces.
- Obey parking lot stop/yield signs.
- Confirm multiple times before backing up into the road.
Determining who is at fault in parking lots can be daunting since many vehicles are constantly moving in different directions. Determining who is responsible in parking lot accidents will help the victim receive the necessary compensation.