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How Is Fault Determined In Parking Lot Accidents?

November 7, 2016 | Category: Automobile Accidents, Personal Injury | Share

One out of every five motor vehicle accidents take place in a parking lot, and 14 percent of all claims of auto damage involve parking lot collisions, according to Myparkingsign.com. 

Driversed.com reports that many drivers tend to ignore lane markings and traffic signs because they think, since the markings and signs are in parking lots, they do not have the same force of law. 

How is fault determined in parking lot accidents - Spivey Law Firm, Personal Injury Attorneys, P.A.Drivers also share parking lots with pedestrians, and pedestrians can emerge suddenly from between parked cars and often may be distracted by cell phone use. If drivers are unprepared, they may act in a panic and crash. This becomes particularly dangerous for the pedestrian. Studies show that over 20 percent of vehicle/pedestrian collisions occur in parking lots and approximately 20 percent of these accidents result in injuries. 

What are the most common causes of parking lot accidents? 

Using caution in parking lots is very important. Just because a driver is in a parking lot does not mean he/she should feel more secure in these lower-speed situations. Navigating a parking lot requires caution and attention. The most common causes of parking lot accidents reported are: 

  1. Competition for parking spaces when drivers spot vacant spaces and may neglect watching for other vehicles and pedestrians.
  2. Aggressive driving to get to a parking space.
  3. Not stopping at parking lot intersections.
  4. Not yielding to other drivers in the parking lot.
  5. Reckless and/or distracted driving.
  6. Speeding.
  7. Since many drivers pull head-in to parking spots, when leaving they must back out. Backing out, because of blind spots, may be a difficult challenge. 

How to determine who is at fault? 

Determining who is at fault in parking lot accidents can be difficult since rules of the parking lot may not be as well known as the rules of the road. As with other accidents, there are many factors to consider when thinking about who is at fault in a parking lot. It is important to contact an attorney for assistance if injured in a parking lot accident. 

Parking lots, just as streets, do have right-of-way rules. Determining what type of lane a vehicle is in is important as there are two basic types of lanes, according to Insurancehotline.com. These two types are thoroughfares and feeder lanes defined as: 

  • Thoroughfare – A lane that exits to a street.
  • Feeder Lane – A smaller lane that begins and ends at a thoroughfare. 

Drivers using a thoroughfare have the right-of-way over drivers coming out of feeder lanes. If a vehicle is moving out of a parking space, that vehicle must yield to others already coming out of feeder lanes. They do not have the right-of-way. 

“Our team of experienced attorneys has handled many parking lot accident cases where drivers and/or pedestrians are injured. Be sure to contact us for a no-fee consultation if you, or a loved one, are injured in a parking lot accident,” said Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

 

 

Fort Myers Auto Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County

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