As you navigate the crowded parking lot, inching slowly down the aisle while scanning for an open space, the last thing on your mind is the possibility of an accident. However, parking lots can present many hazards and the opportunity for collisions is high, especially when vehicles are backing out of spaces. If you find yourself involved in an accident with a vehicle that is backing out, determining fault can be complicated. While the driver backing out typically has a greater responsibility to ensure the path is clear before proceeding, that is not always the case. Talk with a car accident lawyer today.
There are many factors to consider regarding visibility, proper signaling, and following the rules of the road. Before concluding who holds the liability in the accident, it is best to review the details and circumstances surrounding the incident. With the high volume of cars and activity in parking lots, defensive driving and caution are critical to avoiding these types of collisions. But when an accident does happen, establishing the at-fault party is essential.
Determining Fault in Parking Lot Accidents
As the driver backing out of a parking space, you are typically considered at fault in the event of an accident. However, there are exceptions to this general rule that could shift liability to the other driver or even establish shared fault.
To determine fault in a parking lot backing accident, several factors are considered:
The actions of the other driver
- If the other driver was speeding, distracted, intoxicated or otherwise driving recklessly at the time of the collision, they may share in the liability or be fully at fault.
- The other driver has a duty to exercise reasonable care and caution in a parking lot where vehicles may be maneuvering or backing out. Failure to do so could make them negligent.
Your actions while backing out
- As the driver backing out, you must do so slowly and carefully while checking your mirrors and blind spots. If you backed out rapidly without checking for other vehicles and pedestrians, you may be considered fully at fault.
- However, if you exercised proper caution by looking for oncoming traffic before and during backing out at a slow speed, and the other driver's negligence prevented you from seeing them or reacting in time, fault may be shared.
The layout and design of the parking lot
- Difficult sight lines, lack of proper mirrors or signage and other issues with the parking lot design could contribute to an accident by making it difficult for drivers to see each other, and may establish shared fault for the owners or operators of the parking lot.
In summary, while the driver backing out is typically presumed at fault, the specific actions of each driver as well as the layout of the parking lot itself are all evaluated to make a fair determination of liability in a parking lot collision. Shared fault is also possible, with each party being responsible for a portion of damages based on their degree of negligence.
The Driver Backing Up Is Usually at Fault
As the driver initiating the backing up maneuver, you are typically considered at fault in a parking lot collision. The reason for this is that as the driver reversing your vehicle, you have a duty to ensure the path behind you is clear before proceeding.
Checking Blind Spots and Using Caution
When reversing out of a parking space, it is critical that you check your mirrors and blind spots thoroughly to detect any oncoming traffic or pedestrians. You must exercise caution and go slowly, being prepared to brake immediately if an obstacle appears. The driver with the superior vision and control in this situation is the one backing up, so the responsibility to avoid an accident lies primarily with you.
Even if the other vehicle involved was also moving at the time of impact, you may still shoulder most, if not all, of the blame. The other driver likely had the right of way, and you should have detected their approach and yielded until it was safe to proceed in reverse. In some cases, the other vehicle may share a small portion of fault, but as the driver backing up, the majority will typically fall upon you.
Exceptions to the Rule
There are a few exceptions to this general rule. If the other vehicle was speeding excessively or acted intentionally to cause an accident, they may share more fault. Additionally, if your view was obstructed for some reason through no fault of your own, liability may be distributed more evenly. However, in most standard parking lot backing up collisions, the driver reversing will be deemed predominantly at fault due to their duty to ensure the path is clear before proceeding.
Exceptions - When the Driver Going Forward May Be Liable
In some cases, the driver moving forward in a parking lot may share liability or be fully liable for a backing collision.
- If the forward driver fails to yield to the reversing vehicle, they may be liable for the accident. Drivers have a duty to remain aware of their surroundings and avoid hazards, including vehicles maneuvering in parking lots. If the forward driver ignores the reversing lights and audible beep of the reversing vehicle and collides with it, they may share liability.
- Excessive speed is another factor that could make the forward driver liable. Parking lots have low speed limits to allow for the high volume of vehicle and pedestrian traffic. If the forward driver is traveling too quickly to avoid a collision or react to a vehicle backing up, they may be liable for failing to exercise proper care and control of their vehicle.
- Distracted driving is a major cause of parking lot accidents and could implicate the forward driver. Using a cell phone, adjusting the radio or navigation system, or attending to passengers are just a few examples of distracted driving that could prevent the forward driver from seeing the reversing vehicle until impact. In these situations, the forward driver's inattentiveness may make them solely or partially liable for the collision.
- Poor visibility obstructions are another exception. If the reversing vehicle has an obstructed view that prevents them from seeing the forward vehicle, and the forward driver is aware or should be aware of this, the forward driver has a duty to exercise additional caution. Failure to do so may make them liable if an accident results.
In conclusion, while the driver backing up typically bears primary liability in parking lot backing collisions, the forward driver may share or assume full liability in some situations. Drivers in parking lots must remain fully aware of their surroundings, attentive, and operate their vehicles in a safe and controlled manner. Failure to do so may implicate them in an accident, regardless of the direction of travel.
Gathering Evidence After a Parking Lot Collision
After a parking lot accident, it’s important to gather evidence to determine fault and liability. Collecting information at the scene will help support any insurance claims or legal cases that may follow.
Get Information from Other Drivers
Exchange names, addresses, phone numbers, license plate numbers, vehicle models and insurance details with the other driver(s) involved. Also, take photos of the other vehicle(s) and any damage. Get contact information for any witnesses as well.
Document the Scene
Use your phone to take photos of the positions of the vehicles before they are moved, the surrounding area, and any damage to the vehicles. Measure skid marks and note traffic signs or signals. Draw a diagram of what occurred. All of this evidence can be useful for insurance and legal purposes.
Check for Injuries
Even minor accidents can cause injuries, so check that all drivers and passengers involved are safe and unharmed before leaving the scene. Seek medical help immediately if anyone complains of pain or shows visible signs of injury like bleeding.
Call the Police
For collisions in parking lots, it is typically not legally required to call the police. However, officers can fill out an official accident report which provides an objective account of events. The report may be required by some insurance companies, and can be valuable evidence if the liability for damages is disputed. If the vehicles cannot be safely driven from the scene, you will need to call for towing assistance as well.
Contact Insurance Providers
Report the incident to your insurance provider as soon as possible. They will walk you through the claims process, review the evidence and determine fault and liability. Having a prompt, detailed report of the events will help ensure an accurate assessment and speedy resolution of your claim.
Following these steps after a parking lot accident will put you in the best position to recover costs for damages and medical expenses. Collecting thorough evidence at the scene and reporting the incident properly are key to determining who is truly at fault.
Consult With a Texas Car Accident Lawyer for Your Case
Consulting with an experienced Texas car accident lawyer is critical for determining fault and liability in a parking lot backing up collision. As the driver backing up, you can be found partially or fully at fault depending on the circumstances. However, the other driver may also share some fault.
Review the Facts
To evaluate fault, your attorney will thoroughly review the details of the accident. They will consider factors like:
- The positioning and movements of both vehicles before and during the collision.
- Witness statements regarding the sequence of events.
- Traffic signs, markings, and right-of-way rules in the parking lot.
- Whether any driver was distracted or failed to yield.
- If the view of either driver was obstructed upon backing up.
Investigate the Other Driver
Your lawyer will also investigate the other driver to determine if they contributed to the accident in any way. For example, the other driver may have been speeding or failed to keep a proper lookout. They may have made an unsafe lane change or failed to stop at a stop sign. Any negligent or reckless actions by the other driver could make them partially at fault.
Negotiate a Fair Settlement
Based on their analysis of fault, your attorney can negotiate a fair settlement with the insurance companies involved. They will advocate to place as much fault as possible on the other driver to maximize your recovery. If needed, they can also represent you in court to prove your case before a judge or jury.
With an experienced car accident lawyer handling your case, you have the best chance of achieving a just outcome. They can properly investigate the accident, deal with insurance companies on your behalf, and pursue legal action if required. Consult with a reputable Texas car accident attorney for advice on your rights and next steps.
Parking Lot Car Accident FAQ
When a collision occurs in a parking lot, determining fault can be complicated. Several factors are considered to establish liability, including:
Who had the right of way? The vehicle backing out of a parking space typically yields to vehicles and pedestrians in the driving lane or aisle. However, if another driver is speeding or acting aggressively in the lot, they may share some fault.
Were any traffic laws or parking lot signs violated? Failure to obey stop signs, yield signs, or speed limit postings will negatively impact a driver's claim to not being at fault. Always follow the rules of the road and posted notices, even in parking lots.
Could the accident have been avoided? If a driver failed to exercise reasonable caution, did not look for oncoming vehicles before backing up, or was distracted, they may be deemed primarily or wholly at fault. Defensive driving techniques apply in parking lots as well as on public roads.
Were any vehicles parked illegally or obscuring visibility? Illegally parked vehicles that block sight lines or force other drivers into unsafe maneuvers can share fault for an accident. However, drivers are still expected to proceed carefully until they have a clear view of the driving lane.
In many cases, parking lot accidents are considered no-fault or result in shared liability. The specific circumstances of your collision and state laws will determine how fault is assigned and which insurance companies may provide coverage. Consult with a personal injury attorney to understand your rights and ensure any claims are handled properly.
Conclusion
As you have seen, determining fault in a parking lot backing collision can be complicated with many factors to consider. The rules of the road apply in parking lots, and all drivers have a duty to exercise reasonable care. If you are in an accident, the most important thing is to remain calm, check on the other driver, exchange information, take photos and call the police. While the police report and witness statements will be important, an experienced attorney can help determine liability and ensure your rights are protected. Parking lot accidents can happen to anyone, so drive cautiously and be aware of your surroundings every time you get behind the wheel. With patience and care, we can all share the road safely.