Dawn Pinnisi
January 15, 2025
When driving in crowded parking lots, determining who has the right of way when pulling out of a parking lot can often be unclear. However, understanding the right-of-way rules and exercising caution can help prevent incidents and liability issues. At Varcadipane & Pinnisi, P.C., we are committed to helping you navigate complex car accident cases with clarity and expertise.
How Common Are Parking Lot Accidents?
Parking lot accidents are much more common than most drivers believe. According to the National Safety Council, tens of thousands of parking lot incidents occur annually, causing hundreds of fatalities and thousands of injuries. These low-speed collisions may still cause significant damage to vehicles and injuries to pedestrians.
The leading causes of parking lot collisions are driver distractions. Drivers often multitask, such as using their phones, adjusting the GPS, or taking care of passengers, all while failing to notice oncoming vehicles or pedestrians. The crowding of parking spaces, reduced visibility, and unclear rules of right-of-way further contribute to how often these situations occur.
Who Has the Right of Way When Pulling Out of a Parking Lot?
The right of way is given to the vehicle already in motion traveling in the main lane of the parking lot. Similarly, drivers pulling out from a parking space or turning into the main traffic flow must yield to those cars already in motion, just as general right-of-way principles give the right-of-way to vehicles on the main road or thoroughfare over those entering from a smaller, subordinate area.
Motorists also yield the right of way to pedestrians in parking lots, especially when crossing through marked walkways or moving toward entrances. Drivers leaving a parking space should be very observant and make sure no other vehicle or pedestrian is in the path before proceeding.
The rules of the road for right-of-way from Defensive Driving explain that failing to yield in such scenarios automatically grants liability for a collision should it occur. In essence, this rule burdens the responsibility of safety on the driver who pulls out to avoid an accident.
How Fault Is Determined in a Parking Lot Accident?
Who was at fault for a parking lot accident depends on the specific circumstances of the collision. Because parking lots are private property, the rules aren’t necessarily as clear as on public roads. However, the fault is typically determined with reference to the right of way, driver behavior, and evidence collected at the accident scene.
Right of Way: Primary lanes take precedence over vehicles. Drivers exiting parking spaces or merging into traffic are assumed to be yielding.
Driver Negligence: Fault may lie with a driver who is distracted, speeding, or who fails to check mirrors and blind spots.
Pedestrian Rights: Parking lots always prioritize pedestrians, particularly when they are walking in marked crosswalks or near entrances to the buildings.
Shared Blame: — Sometimes both parties may be somewhat to blame. In some cases of concurrent negligence — like if two vehicles back into each other at the same time, for instance — liability might be apportioned.
Evidence: Typically, the fault is determined based on evidence that is available like:
- Witness statements
- Photographs of the scene
- Surveillance camera footage
- Vehicle damage patterns
Liability in Parking Lot Accidents Parking lot accidents can be complex and require an investigation to determine liability. Although many of these collisions are considered low-impact, as they are low-speed, they can result in injuries and disagreement that need proof. Attributing blame correctly to the proper party is at the core of collecting documentation and knowing what happened.
Safety Tips to Drive in Parking Lots
Given the high frequency of parking lot collisions, drivers can adopt simple but effective safety measures to avoid accidents:
Drive Slowly: Maintain a low speed when navigating parking lots to allow for quick stops if pedestrians or vehicles appear unexpectedly.
Stay Alert: Avoid distractions such as texting or adjusting GPS while driving. Keep your focus on pedestrians and other vehicles.
Check Blind Spots: Check mirrors and blind spots before backing out of a parking space or changing direction.
Yield to Pedestrians: Be aware of people, especially around entrances and crosswalks.
Park Strategically: Park in spaces where there is higher visibility with fewer obstacles, which will minimize the chances of an accident.
Use Turn Signals: Use your turn signals while turning or pulling out of a space to alert other drivers and pedestrians.
The Traffic Safety Foundation says that most parking lot incidents can be prevented through increased awareness and by simply following basic safety procedures.
Need Legal Help After a Parking Lot Accident? Call Varcadipane & Pinnisi, P.C. Today
A car accident in a parking lot can leave owners wondering where the blame lies and what their course of action should be. The lawyers at Varcadipane & Pinnisi, P.C. provide experience with the necessary resources to treat each case comprehensively, determine liability, and seek due compensation on behalf of their clients. Call us today at (201) 588-1500 or reach out online for a free consultation.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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