Who Is At Fault for a Parking Lot Accident?

Date: October 4, 2023

CBS News reports that, according to the National Safety Council, over 50,000 parking lot accidents occur yearly, representing 20 percent of all motor vehicle accidents. Additionally, 500 people die in these accidents, and another 60,000 are injured. Determining who was to blame for the parking lot accident may be challenging. Therefore, you should contact an experienced car accident lawyer to help you with your case.

There are many ways that a parking lot accident can occur. Cars are heading in different directions, and the drivers may be distracted. Disaster can strike at a second’s notice, damaging your car and potentially injuring you.

If you are a pedestrian in a parking lot, you are even more at risk. You cannot control what other drivers do behind the wheel. You may still get hurt even when you are being as safe as possible.

One of the biggest causes of parking lot accidents is distracted driving. Over half of drivers report that they text in a parking lot. Some may catch up on missed messages. Others may already be making their plans for when they arrive. Some drivers may think that a parking lot is more of a place to pay less attention because cars are going slower.

Then, there are cars coming and going in every direction. Adding to the danger is the fact that pedestrians are also present in parking lots.

Parking garages present dangers of their own. There are blind curves in parking garages, and drivers often speed around them. Unsuspecting drivers may return to traffic when they do not see a car passing them.

The Person Who Did Not Have Right of Way Is Often to Blame

The party who did not have the right of way would generally be the one to blame for the accident. However, it is not always easy to determine who was the one who had the right of way. Each driver may claim that they were the one who was able to proceed first.

In car accident cases, the vehicle that was the one already established in traffic is the one that has the right of way. Pedestrians do not automatically have the right of way. They must yield to drivers under certain circumstances.

The Parking Lot Owner May Be Liable

There is a chance that neither driver may be primarily to blame for the crash. The parking lot owner could be responsible for the accident when one of the following applies:

  • There was insufficient lighting for the drivers to see.
  • The parking lot was poorly built or designed, making it more dangerous.
  • The parking lot was inadequately signed.
  • There was inadequate signage in the parking lot, such as a missing stop sign.

Like any car accident, your attorney would investigate the circumstances and determine the potentially responsible parties.

How to Prove Fault in a Parking Lot Accident Case

You must prove that the other party was to blame for the accident. Your attorney could gather and use the following evidence in your case:

  • Testimony from witnesses who saw the accident.
  • Security camera footage from the parking lot.
  • Pictures of the scene of the accident.
  • The police report, although this cannot be used as evidence at trial.
  • Testimony from an accident reconstruction expert.

Our New Jersey Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Can Help You After a Parking Lot Crash

Contact a New Jersey car accident lawyer at Kitrick, McWeeney & Wells, LLC if you have been injured in a parking lot accident. Call 732-800-9474 or complete our online form to schedule a free consultation. Located in Manasquan and Brick, New Jersey, we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.