Who Is at Fault in a Parking Lot Accident?
Parking lots might seem like low-risk environments where accidents are rare and only minor when they do happen. The truth is that even low-speed collisions in the parking lot of a mall, grocery store, apartment complex, or any other locale can result in severe injuries, serious property damage, medical bills, and hard-fought legal battles. One of the first questions to answer after such an accident is, “Who is at fault in a parking lot accident?”
Our attorneys determine fault in these accidents by reviewing video footage (cameras often surveil many parking lots), speaking with those involved in the accident, and applying their extensive knowledge of negligence, traffic laws, and New York statutes to establish who caused the accident.
If you or a loved one has been injured in a car accident in a parking lot, don’t wait. If you’ve been injured, call The Tadchiev Law Firm, P.C. today at (718) 380-1200 or contact us online for your free consultation about hiring your parking lot accident attorney. We’ll investigate your accident, determine fault, and fight for every dollar you deserve.
Common Accidents in Parking Lots
Motorists are expected to exercise utmost caution and operate at low speeds when driving in parking lots. Yet, not every motorist abides by such safe practices, and failures by motorists (and others) can lead to the following:
Backing-Up Collisions
Backing up in a parking lot is the most common type of accident. These crashes occur when a driver reverses out of a parking space without ensuring the path is clear, or another motorist fails to see (or brake for) the motorist who is reversing. In some cases, two motorists back out at the same time, ultimately colliding.
Rear-End Crashes
These accidents can occur when a driver, possibly distracted by their surroundings or preoccupied with finding a parking spot, fails to stop before striking a vehicle in front of them. The rear-ending motorist is generally assumed to be at fault for such a crash.
Sideswipes
A sideswipe accident may occur when two vehicles traveling parallel in tight quarters scrape each other. This often occurs when one driver attempts to pass or cut corners without sufficient space, and the tight, densely populated environment of parking lots heightens the risk of such accidents.
Intersection Collisions Inside the Lot
Many parking lots contain internal intersections, which may or may not be marked with stop signs and other traffic control devices. When drivers misinterpret right-of-way rules, ignore posted signs, speed, or engage in other dangerous behavior, in-lot intersection accidents can result.
Head-On Collisions
Although less frequent, head-on crashes are the most hazardous type of collision a motorist can be involved in. These accidents often occur when a driver enters an aisle in the wrong direction or cuts across lanes to reach a parking spot, resulting in a head-on collision.
Even a “slow” collision can cause whiplash, back strain, concussion, and other injuries. Even if an at-fault driver or insurer tries to paint the accident as “minor,” parking-lot crashes can lead to months (or years) of medical treatment, missed work, and debilitating pain that proves expensive and life-changing.
Common Causes of Parking Lot Collisions
When our attorneys determine fault in a parking-lot collision, they must pinpoint the cause of the accident. The following are some of the accident causes we have encountered frequently over many years of analyzing (and seeking justice for) parking-lot collisions:
- Driver Inattention – Spot-related disputes, vehicles pulling in and out, and packs of pedestrians can all distract drivers in parking lots. Drivers who fail to keep their eyes up and on the road, anticipate reversing vehicles, and focus their attention on driving can cause distraction-related crashes in parking lots.
- Careless Reversing – Those who back up quickly, fail to check blind spots and mirrors, or yield the right of way to oncoming traffic can reverse their way into a serious accident.
- Failure to Yield or Obey Traffic Signs – Parking lots are governed by the rules of the road, and often include stop signs, arrows, and one-way aisles that mimic road systems. Drivers who ignore these rules are typically responsible for any accidents that result from their negligence.
- Spotty Visibility – Factors such as large vehicles, poor lighting, shrubs, bad weather, and other visual impediments can make it more challenging to operate in parking lots. Such spotty visibility requires motorists to operate with added caution.
- The Constant Contest for Parking Spots – Most motorists who enter parking lots are seeking a spot. If a motorist speeds to reach an open spot, pulls into a spot simultaneously with another motorist, or engages in any other dangerous behavior in the pursuit of a place to park, they can cause a crash.
Confusing parking lot layouts, faded lane markings, and inadequate overhead lighting can also increase the risk of accidents in a given parking lot. In such cases, those who own or operate the lot could be liable for any resulting collision.
Who Could Be Liable for a Parking Lot Accident?
Who is at fault in a parking lot accident depends on the situation. Our attorneys must investigate each of our clients’ accidents to determine who the at-fault party is, as each accident’s backstory has its own plot. Some of the parties who can bear the blame for a parking-lot accident include the following:
- A driver who backs out of a spot carelessly
- A driver who passes through the lot without caution (who can be at fault even if another driver backs into their vehicle)
- Multiple drivers who back up into one another’s vehicles
- A driver who strikes a parked vehicle
- A driver who blows through a stop sign or other traffic signal in a parking lot
- A property owner or lot operator who created unsafe driving conditions in the lot
Our parking-lot accident attorneys at The Tadchiev Law Firm, P.C., review surveillance footage, witness statements, expert opinions, photographs of damaged vehicles, and other evidence to establish fault for parking lot accidents. This comprehensive approach helps us ensure that at-fault parties are held accountable, while victims are compensated fairly for their damages.
How Is Fault Determined in a Parking Lot Accident?
New York’s traffic laws and right-of-way principles apply to parking lots. These laws and rules are the guideposts we use to determine fault, and they inform an investigative process that includes the following:
Evidence Collection
We typically begin by gathering photographs of the damaged vehicles, environmental evidence (such as skid marks or damaged features of the parking lot), video footage, and witness statements. Our attorneys also evaluate the lot’s layout and unique features, like large shrubs or walls, that may have contributed to the accident.
Consideration of Right-of-Way Rules
As we determine fault, we must figure out whether one or more drivers failed to honor the right-of-way rules that govern every parking lot.
Damage Analysis and Reconstruction
We work with experts when necessary to interpret vehicle damage and other data points, then reconstruct the collision. These reconstructions can directly aid in our clients’ cases, especially when there is no video footage showing the crash.
When we have completed these steps, we generally know who is at fault for an accident. The next question is whether insurance companies agree with our determination of fault. If not, we figure out what we must do to convince them to change their perception so that it reflects the true story of the parking-lot accident.
What Compensation Can You Recover After a Parking Lot Accident?
Some people diminish the severity of parking-lot accidents just because they don’t typically happen at the speed of a highway crash. However, even parking-lot collisions can result in severe psychological, financial, and physical hardship.
Our attorneys often seek substantial compensation through parking lot accident insurance claims for the following:
- Medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering (including physical pain, emotional anguish, and psychological distress)
- Out-of-pocket costs
- Property damage, such as vehicle repair/replacement
If your injuries meet New York’s serious injury threshold, you may be eligible to bypass the no-fault insurance system and pursue a lawsuit against the at-fault driver.
One of our car accident attorneys will evaluate both your immediate and future losses to ensure our financial demands match the actual cost of your collision. With our A+ rating with the Better Business Bureau and a strong reputation for professionalism and client service across New York, there is no other team you should choose to represent you after your accident.
Our Car Accident Lawyers in Queens, NY, Are Ready to Help You
First, we establish fault. Then, we get results. That’s the to-the-point summary of what clients hire The Tadchiev Law Firm, P.C., for after their parking-lot accidents in New York City and Long Island.
Attorney Simon Landsberg, who leads our personal injury litigation practice, brings years of experience representing accident victims and their families. Attorney Boris Tadchiev has an in-depth understanding of how insurance companies operate. Together, they lead a formidable legal team that places a premium on clients’ satisfaction and well-being.
Don’t let an insurance company treat your parking lot accident as “minor.” If you’ve been injured, call The Tadchiev Law Firm, P.C. today at (718) 380-1200 or contact us online for your free, no-pressure consultation.
About the Author
Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.