How Parking Lot Accident Fault Is Judged
Parking lot accident fault usually comes down to who had the duty to wait. A driver backing out of a space, a driver cutting across empty stalls and a driver speeding down a main aisle each create risk in different ways. Because lots are slow and crowded, the main question is often who moved without checking that it was safe.
The answer is not always obvious. Two drivers backing out at once, for example, may share blame. Witnesses and cameras often decide what memories cannot.
Do Traffic Laws Apply in a Lot
Many Vehicle Code rules are written for highways, which include public streets. A private parking lot is not always covered by the same rules. Vehicle Code section 21107.8 lets a city or county apply parts of the code to privately owned lots that are open to the public, but only when the local agency adopts that rule.
Even where a specific traffic law does not apply, the general duty of care does. Civil Code section 1714 makes people responsible for harm caused by a lack of ordinary care. So a driver who backs into a pedestrian in a private lot can be liable without any traffic code violation.
Vehicle Code section 22106 shows the logic that courts and insurers often borrow. It bars starting or backing a vehicle on a highway until the move can be made with reasonable safety. The text is on the California Legislature site.
Common Collision Patterns
A few situations come up again and again. Each one raises a different fault question.
- A car backing out of a space hits a car driving down the aisle
- Two cars back out of facing spaces at the same time
- A car cuts diagonally across empty spaces and hits a car in a lane
- Someone pulling into a space hits a car or person already there
- A driver leaves a feeder lane and enters a main aisle without yielding
Insurers often look first at the backing driver, since the backing rule puts the duty to check on that person. Still, a driver in the aisle who was going too fast or not watching may share fault. California divides fault by percentage, as explained in California comparative negligence.
Signs Markings and Lot Design
Stop signs, arrows and painted lanes inside a lot show how the owner expected traffic to move. Ignoring a posted stop sign or driving the wrong way down a one way aisle can be strong evidence of carelessness. Photograph every sign and marking near the crash.
Lot design varies widely. One lot may have clear main aisles while another has none. Because of that, the same move can be reasonable in one lot and careless in another.
Evidence for Parking Lot Accident Fault
Lots often have more cameras than streets. Stores, banks and gas stations commonly record their entrances and parking areas. However, many systems record over old footage within days.
Ask the property manager in writing to keep any video from the time of the crash. The guide on preserving photos, video and witness information explains how to ask without arguing with staff.
Damage location also matters. A dent on the rear corner of a backing car and the side of a passing car tells part of the story. Take photos before the cars move if it is safe.
Police Reports and Private Property
Officers do not always respond to parking lot crashes. The City of Sacramento notes that reports for private property crashes cannot be bought online, which reflects how these cases are handled differently. If someone is hurt, reporting duties for injury crashes can still apply. Check with the local agency about how it takes those reports.
Exchange names, licenses, registration and insurance with the other driver. Then note the store or business nearest the crash, since it helps when you ask for footage.
Vehicle Crashes Versus Falls in the Lot
A collision between vehicles is a different claim from a fall caused by the lot itself. If a pedestrian trips on a broken curb or slips on a spill, the question becomes the property owner’s care of the premises. That is a premises liability issue, and it follows its own rules.
Read more about those claims in slip and fall liability evidence. Some incidents involve both, such as a driver who swerves around a pothole and hits a person.
Parking Lot Accident Fault and Insurers
Insurers sometimes treat lot crashes as minor. Injuries can still be real, especially for pedestrians. So report any injury to the insurers involved and get medical care when you need it.
Give the facts you know, and keep copies of every claim number and letter. Some lots belong to a shopping center with several owners, so the manager may need time to find the right camera contact. Follow up in writing if you hear nothing within a few days.
Stick to facts when fault comes up. If you were backing, say so plainly. Honest accounts hold up better than ones that change later, and they make it easier to resolve parking lot accident fault fairly.
This article is general information, not legal advice. Laws change and every situation is different.