Parking lot accidents are common, often leading to confusion over who is at fault. Determining liability depends on various factors, including the circumstances of the collision, the behavior of the drivers, and the rules governing right-of-way. Here’s what you need to know about who is at fault in a parking lot accident and how Florida law applies.
If you or a loved one were hurt in a parking lot crash, our Florida car accident lawyers are here to help. Call (561) 655-1990 to schedule a free consultation today.
Understanding parking lot right-of-way rules
Parking lots are designed with two types of lanes: main thoroughfares and feeder lanes. Right-of-way rules play a crucial role in determining who is at fault in a parking lot accident:
- Main thoroughfares: Vehicles traveling in main thoroughfares generally have the right of way. Drivers exiting feeder lanes must yield to those in the main lanes.
- Feeder lanes: Vehicles traveling in feeder lanes must yield to those in the main thoroughfares. Additionally, drivers backing out of parking spaces must yield to all traffic.
Failure to yield the right of way is a common cause of parking lot accidents and may indicate fault under Florida Statutes § 316.123.
Common scenarios and fault determination
Here are some common types of parking lot accidents and how fault is typically determined:
- Backing-out accidents: If a driver backs out of a parking space and hits another vehicle, they are usually at fault. However, if both vehicles back out simultaneously, liability may be shared.
- Two vehicles reversing: When both drivers are reversing simultaneously and collide, fault may be shared equally unless one driver was negligent.
- Failure to yield at intersections: If drivers fail to yield at an intersection within the parking lot and causes a collision, they are likely at fault.
- Hitting a parked car: A driver who hits a stationary parked car is almost always at fault, as they are responsible for controlling their vehicle.
- Cutting across parking spaces: Drivers who cut diagonally across parking spaces instead of using designated lanes may be held liable for accidents caused by their actions.
Evidence used to determine fault
To determine who is at fault in a parking lot accident, investigators and insurance companies rely on evidence such as:
- Surveillance footage: Many parking lots have security cameras that can capture the accident.
- Witness statements: Testimony from bystanders can provide crucial information about the events leading to the collision.
- Vehicle damage: The location and extent of damage on the vehicles can help reconstruct the accident.
- Traffic signs and markings: Signs such as stop signs, yield signs, or directional arrows may influence fault.
Comparative negligence in Florida
Florida follows the principle of comparative negligence under Florida Statutes § 768.81, meaning fault can be shared between parties. If both drivers are partially responsible, compensation may be reduced in proportion to their degree of fault. For example, if one driver is found 60% at fault and the other 40%, the latter’s damages will be reduced by 40%.
Steps to take after a parking lot accident
If you’ve been involved in a parking lot accident, follow these steps:
- Document the scene: Take photos of the vehicles, damage, and surrounding area, including traffic signs or markings.
- Exchange information: Collect the other driver’s insurance and contact details.
- Seek witnesses: If possible, obtain contact information from witnesses who saw the accident.
- Contact law enforcement: While not all parking lot accidents require a police report, Florida law may require one for accidents involving injuries or significant property damage.
- Consult an attorney: An experienced personal injury attorney can help you determine liability and protect your rights.
How Lytal, Reiter, Smith, Ivey & Fronrath can help
At Lytal, Reiter, Smith, Ivey & Fronrath, we handle car accident cases, including complex parking lot accidents. Our legal team will investigate the circumstances, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation.
Contact us for a free consultation
If you’ve been in a parking lot accident and need help determining who is at fault, contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990. Let us provide the legal guidance you need to protect your rights and pursue the compensation you deserve.
