Unlike car accidents that occur on busy highways and major intersections, parking lot accidents are generally minor fender benders that do not cause serious injuries or extensive property damage. However, this is not always the case. Several factors can cause a parking lot accident to result in serious injuries and costly property damage, including when a pedestrian is involved or the property is poorly maintained.
While many drivers assume that determining fault in a parking lot accident should be simple since the vehicles involved are moving slowly, it can actually be a complicated process if there are multiple drivers, pedestrians, or property owners involved. If you were involved in a parking lot accident, a highly skilled and experienced Virginia car accident lawyer will determine who is responsible for causing the accident, ensure that your legal rights are protected, and recover the damages to which you are entitled.
What Are the Most Common Causes of Parking Lot Accidents?
While vehicles do not generally move at high speeds in parking lots, there are other factors that are unique to parking lots that can increase the risk of an accident. The following are some of the most common causes of parking lot accidents:
- Drivers backing out without checking for traffic
- Distracted driving
- Speeding through parking lanes
- Failure to yield to the right-of-way
- Running stop signs within the lot
- Poor visibility caused by parked vehicles
- Aggressive driving
- Driver confusion regarding the flow of traffic
- Pedestrians walking unexpectedly into traffic lanes
When Is One Driver Liable for a Parking Lot Accident?
“Liability” refers to the individual who is legally responsible for causing an accident. In Virginia, the person whose negligence caused the accident may be held financially responsible for the resulting damages. Determining liability generally requires examining a range of factors, including how the accident happened, the actions of the motorists involved, traffic signs and markings, witness statements, surveillance footage, vehicle damage, and police reports. The following are examples of parking lot accidents where one driver is primarily responsible for causing the collision:
Backing-out accidents
This is one of the most common causes of parking lot accidents. Drivers backing out of a parking spot are responsible for making sure that the area is clear before entering the lane of traffic. If a driver backs into another car that is traveling through the parking aisle, the backing-out driver will likely be found liable because they failed to yield before entering traffic. However, if the driver who is backing out of a parking spot is hit by a vehicle that was speeding or driving recklessly, liability becomes more complicated.
Failure to yield
Like roads and highways, parking lots contain stop signs, yield signs, and designated traffic lanes. If a driver causes an accident after ignoring these signs that are meant to control traffic, they will likely be held liable for the accident.
Distracted driving
When motorists are not paying attention to their surroundings when driving through a parking lot, they are more likely to hit another vehicle or a pedestrian. Examples of common distractions include texting, talking on the phone, checking social media, looking at the GPS device, searching for a parking spot, or looking at store entrances instead of traffic. If a driver is distracted and hits another vehicle or a pedestrian, they may be held liable for the resulting injuries and property damage.
Speeding in parking lots
While most parking lots do not have posted speed limits, motorists are expected to drive at a safe speed based on the conditions. However, many drivers underestimate the dangers of speeding through a parking lot. Unfortunately, when a motorist is driving too fast, they have less time to react to pedestrians, vehicles backing out of a parking spot, or other unexpected hazards. If speeding is found to be the main cause of a parking lot accident, the speeding driver will likely be found liable.
When Do Multiple Drivers Share Liability for a Parking Lot Accident?
In certain circumstances, multiple drivers may be responsible for causing a car accident in a parking lot. For example, if two vehicles back out of their parking spots at the same time without exercising reasonable care, both motorists may share liability. This means that both drivers would be prohibited from recovering any damages due to Virginia’s strict “contributory negligence” rule, which states that if a driver is found to be even 1% responsible for causing a parking lot accident, they will likely be unable to recover any damages. If both drivers share liability, they will both be prohibited from recovering compensation.
Can a Property Owner Be Liable for a Parking Lot Accident?
The owner or manager of a parking lot is responsible for maintaining the property and addressing any hazardous conditions that could increase the risk of an accident. If the property manager fails to take the necessary steps to maintain the property, or should have known about the dangerous condition but failed to address it, they may be liable for a car accident and the resulting injuries. The following are examples of common hazards in parking lots:
- Large potholes
- Poor lighting
- Broken pavement
- Missing traffic signs
- Obstructed visibility
- Dangerous design flaws
What Are Common Injuries From Parking Lot Accidents?
While parking lot accidents are often relatively minor, they can cause serious injuries, particularly when pedestrians are involved. Common injuries include the following:
- Whiplash and neck injuries
- Back injuries, including herniated discs
- Fractures and broken bones
- Concussions and other traumatic brain injuries
- Lacerations and contusions
- Crush injuries from being pinned
What Evidence Can Help Prove Liability in a Parking Lot Accident?
If you were involved in a parking lot accident in Virginia, it is imperative that you prove liability and that you bear no responsibility for causing the accident. The following are examples of valuable evidence that can support your claim:
- Photographs. Take pictures of the position of the vehicles, the damage to your vehicle, skid marks on the road, traffic signs, lighting conditions, and roadway hazards. You must take pictures immediately following the accident so that you preserve valuable evidence.
- Surveillance footage. Parking lots often have security cameras that may capture the events leading up to the accident. For example, footage may show how the collision occurred, the vehicle movements, driver actions, and pedestrian’s behavior.
- Witness statements. If there were witnesses who saw the accident happen, they may be able to provide valuable information about what they observed before and during the accident. Their statement can help clarify disputed facts. Ask the witnesses if they would be willing to provide a statement and ask for their contact information.
- Vehicle damage. The location and severity of the damage to the vehicles involved can help determine what happened and who is liable for the accident. For example, damage patterns may indicate whether a vehicle was backing up, turning, or traveling straight.
- Police reports. While police may not be called to a parking lot accident that is a minor fender bender, a police report can be a valuable piece of evidence when available, as it often contains the police officer’s observations, witness information, and other relevant details.
What Steps Should I Take After a Parking Lot Accident?
The moments following a car accident can be extremely stressful and chaotic, particularly if there are injuries involved. Taking the following steps after a parking lot accident can ensure that your legal rights are protected and that you have a successful claim outcome:
- Call 911. Unless there are no injuries and minimal property damage, it is highly recommended that you report the accident and notify dispatch of any injuries so they can send an ambulance to the scene.
- Get medical attention. Even if your injuries seem minor, you must be examined by an Emergency Medical Technician (EMT). Certain injuries may not become noticeable until hours or days later, at which point they may become more serious and difficult to treat.
- Collect evidence. Take pictures of the accident scene, exchange information with the other driver, and get contact information from witnesses. The more evidence you gather, the more likely it is that you will be able to establish liability.
- Maintain records. Keep copies of all documents related to the accident, including medical records, repair estimates, insurance correspondence, and receipts for accident-related expenses.
- Contact an experienced car accident lawyer. To recover the damages you are entitled to, you must be able to prove that you were in no way responsible for causing the accident. A dedicated car accident lawyer will protect your legal rights and ensure that the negligent party is held liable for the accident.
Experienced Virginia Beach Car Accident Lawyer at Anchor Legal ® Represents Victims of Parking Lot Accidents
If you were injured in a parking lot accident, do not hesitate to contact a Newport News car accident lawyer at Anchor Legal. We will conduct a thorough investigation, determine who is responsible for causing the accident, and ensure that the negligent party is held liable for their actions. Our dedicated legal team will protect your legal rights and pursue the maximum financial compensation you deserve for your injuries. For a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we gladly serve throughout the state.