Personal Injury Law Blog
After the Impact: Decoding Right of Way Issues in Parking Lot Car Accidents
A parking lot can feel like a free-for-all. Yet parking lots have certain driving rules, just as roads do. Drivers who don’t pay attention to these rules may fail to yield the “right of way,” causing injuries. When a driver fails to yield the right of way, that driver may be held responsible for any injuries that result.
Driver and Pedestrian Responsibilities in a Parking Lot
“Right of way” describes who has the right to proceed through an area. Those without the right of way must “yield” or pause to allow the person with the right of way to proceed.
Many right-of-way rules on roadways are commonly understood. At an intersection where one road has a stop sign and the other does not, drivers typically understand that those at the stop sign must yield, and those without the stop sign have the right of way. Similarly, many states and local authorities give pedestrians the right of way before drivers, especially in crosswalks.
Navigating a parking lot, however, can confuse drivers and pedestrians. Parking lots tend to have three main areas that drivers and pedestrians must consider:
- Parking spots or spaces, where cars park.
- Parking lanes, which run between parking spots or spaces and are used to access the spaces.
- Main lanes, which run through or around a parking lot for cars to travel to and from parking lot entrances/exits.
Which right-of-way rules apply to a driver? It depends on where the driver is. For example:
- In a parking spot, a driver who wants to pull out must yield to anyone in the parking lane.
- In a parking lane, drivers typically have the right of way – but they should drive slowly, as parked drivers or pedestrians may not see them immediately. Drivers in parking lanes typically must yield to drivers in main lanes.
- In a main lane, drivers often have the right of way – but they should watch carefully for pedestrians crossing the main lane to reach a building or their cars.
When signs or signals are present, these dictate who has the right of way. For example, if a sign tells drivers in the main lane to stop for those coming out of a parking lane, the sign governs what drivers should do. Here, the sign tells main lane drivers to yield the right of way to parking lane drivers.
In empty lots, some drivers may cut across lanes and spots to reach their destination. These drivers do not have the right of way.
Who is Responsible for a Parking Lot Crash?
Determining who is at fault for a parking lot crash requires drivers to understand who has the right of way and who must yield. The answer to this question will depend on:
- The location of vehicles or pedestrians at the time of the collision. For example, was a car in a parking space, a parking lane, or a main lane?
- Whether any parking lot signs or signals existed to help drivers determine who had the right of way. For instance, were there stop signs, yield signs, or crosswalks?
- How drivers, pedestrians, and others behaved in the moments leading up to the crash. For example, did a driver back quickly out of a spot without looking first?
One rule can help drivers navigate parking lots more safely: When in doubt, yield. If you’re not sure who has the right of way, slow down and make sure your path is clear before you proceed.
What to Do After a Parking Lot Accident
When a parking lot collision occurs:
- Think safety first. Use vehicle lights and other signals to help other cars and pedestrians see and avoid the accident site.
- Get medical attention as soon as possible. In an emergency, call 911 for emergency assistance. See a doctor as soon as you can to document any injuries and receive treatment.
- Collect information. If possible, get the contact information, driver’s license number, and plate number of any vehicles involved in the collision. Also, get contact information from any witnesses. If the parking lot has surveillance cameras, ask for a copy of the footage.
- Talk to an attorney. An experienced lawyer can help you protect your legal rights and get the information you need to build your case.
If you’ve been injured in a parking lot car accident, reach out to the attorneys at Briskman, Briskman & Greenberg today. Contact us to schedule a free, confidential consultation.
