Which Driver is at Fault in a Parking Lot Accident?

Jun 19, 2020 | Auto Accidents

Parking lots can be dangerous places for drivers and pedestrians alike. Even if drivers are obeying speed limits, they can seriously injure other drivers or pedestrians and cause expensive damage to other vehicles. Unfortunately, many drivers zoom through parking lots while distracted, putting others at risk.

When a crash occurs, it could be difficult to determine who is at fault, particularly if the crash happened while backing out of a parking space. No matter what happened in the accident, you can discuss the situation with a licensed attorney, as he or she may be able to help you seek compensation for your damages.

Right of Way in Parking Lots

There are some general rules about right of way in parking lots that may help the police, insurers, and attorneys determine who was at fault.

For example, if a vehicle is already in a lane of travel, it has the right of way. Vehicles backing out of parking spaces do not have the right of way, and neither do vehicles pulling out of a row of parking spaces. If you are pulling out of a parking lot, the drivers on the road you are turning onto have the right of way.

However, this general rule is superseded by a “STOP” or “YIELD” sign giving other vehicles the right of way over vehicles already in a lane of travel.

When backing out of a parking spot, make sure you are not backing up at the same time as another vehicle, as this could easily result in a collision. In these scenarios, the vehicle that started backing up first has the right of way. That means if you start backing up while another driver is already doing so, you will likely be held liable if a crash happens.

You must yield the right of way to any pedestrian at a clearly marked crosswalk, regular pedestrian crossing or any intersection where the legal maximum speed limit is no more than 35 miles per hour. However, pedestrians can enter or cross an intersection and disregard approaching traffic. Under Virginia Code section 46.2-923, pedestrians are prohibited from carelessly or maliciously interfering with the orderly passage of vehicles.

If you have questions about fault for a parking lot accident, you can discuss them with a licensed Richmond car accident attorney at Geoff McDonald and Associates.

Common Accidents in Parking Lots

Below, learn more about some of the most common parking lot accidents and how fault may be assessed in these situations:

Rear-End Crashes at STOP Signs

Many drivers are not paying attention to the road when in the parking lot. They may be searching for an open space or trying to find the store where they are looking to shop. Drivers may not expect a stop sign and they may be speeding, giving them less time to stop and avoid a collision with a driver stopped at a “STOP” sign.

Drivers need to leave enough room between their car and the one in front of them, so they have time to stop and avoid a collision.

Backing Out of a Parking Space into an Oncoming Car

While you may think both drivers could be held liable for the accident, the car in the lane of traffic has the right of way. That is why it is your responsibility to make sure it is safe to back out of a spot. If the other driver was speeding, it is conceivable he or she may bear partial fault for what happened. However, this would depend on the situation.

Two Drivers Try to Get the Same Spot

These are the kinds of situations that often result in drivers getting out of their cars yelling at each other because both thought they were entitled to the parking spot in question. Fault can be tough to assess as both vehicles were moving. However, if one driver was making a left turn across traffic, he or she is likely at fault.

That said, there are factors that may affect the determination of fault. For example, how far was one vehicle into the space when the collision occurred? What was the point of impact between both vehicles?

Collision with a Pedestrian in a Crosswalk

If a pedestrian runs out into a crosswalk as a vehicle is approaching and the driver does not have enough time to stop, the pedestrian may be found at fault. However, often the driver is to blame for the collision because he or she was speeding or not paying enough attention.

Call Geoff McDonald and Associates to Discuss Your Legal Options

Our firm knows how devastating car crashes can be for victims and their families. Even a seemingly minor crash could result in severe injuries that require extensive medical treatment and cause you to miss work for a significant amount of time.

Learn more about how we may be able to assist you in pursuing compensation to help you during this difficult time. The consultation is 100 percent free and you are not obligated to hire our firm.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    Who May Be Liable for Truck Accident Damages?

    Determining liability for truck accidents in Virginia can be challenging. Unlike “regular” car crashes, accidents with commercial trucks often involve multiple parties with complex corporate structures and insurance policies. At Geoff McDonald & Associates, we can...

    What Kind of Damages Can I Pursue from a Truck Accident?

    A truck accident can disrupt your life by causing physical injuries, emotional trauma, and property damage. You may be eligible to pursue financial compensation, also known as damages, although this may only provide a modicum of relief. Knowing the specific...

    How Long Do I Have To File a Truck Accident Claim?

    Truck accident survivors may on occasion settle their claims without the need for litigation. Unfortunately, truck drivers, trucking companies, and insurance adjusters aren’t always so cooperative. To seek compensation in such cases, you must file a civil lawsuit. If...

    What Should I Do Immediately After a Virginia Truck Accident?

    The steps you should take immediately after a Virginia truck accident mirror those that you would take if you were in a standard car accident. But you should follow the steps carefully, as failure to do so could impact your ability to seek compensation for your...

    What You Should Ask for After an Accident with a Truck

    Navigating truck accidents is complicated because so many different parties could be involved in the accident, including: Truck driver Employer Mechanic Parts manufacturer Shipper   In some cases, you’ll be making a claim with the truck driver’s employer. If the...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald