Car Park Accidents: Who Is at Fault?
Accidents still occur in garages and parking lots, regardless of how well-lit they may be. At times, drivers are distracted, while sometimes they are in a hurry, compelling them to take chances they should not. Regardless of what caused your garage or parking lot accident, you might need to fight for the compensation you deserve for your vehicle damage and injuries.
But the main question in such cases is “who is at fault in a parking lot accident?” Key factors that you should consider include who had the right of way, which car was moving, and more. Unless you can prove that the other driver was at fault, you may not obtain compensation for the losses and damage resulting from the collision.
Establishing Fault in a Parking Lot Accident
It can be more challenging to assess fault in a parking lot accident than in a regular road accident. Because of the complexities of parking lot collisions, both parties might be at fault. The degree to which you were responsible would be deducted from settlements and verdicts in parking lot incidents where parties share fault.
There are a few guidelines to follow when assessing fault in a parking lot accident, including:
- If one vehicle rear-ends another, the rear-end car is almost always at fault. This rule of car accident law is applicable wherever you are on the lane.
- If a vehicle collides with another when turning left into a parking area, the vehicle making the left turn is to blame.
- If a car reversing from a parking area collides with a vehicle driving straight in the street, the driver reversing out of the parking spot is to blame. Drivers on the street have the right of way.
- If two vehicles backing out of adjacent parking areas crash, both are usually at fault. Each individual is responsible for keeping an eye out for other vehicles and not backing out unless it becomes secure.
- If two vehicles crash when attempting to take the same parking spot, they can share the blame. However, the driver turning right has an advantage over the driver turning left. If one had already taken up the parking space, their argument would take priority.
- In parking spaces, there are two types of lanes: thoroughfares (which are more prominent lanes that connect out to the street) and feeder lanes (which are smaller lanes that lead to other thoroughfares). Drivers in thoroughfare lanes have priority over drivers in feeder lanes. Thus, if a driver backing out of a feeder lane collides with a driver in a thoroughfare, the feeder lane driver is usually to blame.
- If a driver disobeys a stop or yield sign, they will almost certainly be held responsible. Parking lots have the same traffic signs as anywhere else.
There are, of course, mitigating factors that may influence fault determination. For example, if a driver was speeding, they might be held partially or entirely responsible, even if they had the right of way.
Seek Legal Help After a Car Park Accident
Car park accidents often bring along lots of stress and frustration. Instead of battling the security company or premises owner to obtain the evidence you require, seek help from an experienced car accident attorney.
Contact Karnas Law Firm at (520) 214-8343 or (928) 723-0088 to schedule a free, no-obligation consultation and learn more about your legal options.