Parking lots are busy places, especially during holidays. It’s not always easy to determine who has the right of way with cars moving in every direction. Here are four tips to determine fault in a parking lot accident.
1. Cars exiting the parking lot and those moving on the through-lane
Drivers approaching the through lane from parking lots should give way to vehicles driving through the through lane. In the event of a collision between a driver on the through-lane and a vehicle exiting the parking lot, the latter will be at fault. However, the driver exiting the parking lot gets a right of way if they put up a ‘YIELD’ or ‘STOP’ sign. Thus, the driver in the through lane will be at fault if they fail to honour the ‘stop’ sign.
2. Pulling into and out of the parking lot
A collision can occur when two vehicles on the opposite side of the same line back out and collide with each other. Both drivers had an obligation of ensuring that the road is safe before backing out, under the legal doctrine of negligence.
However, it’s not uncommon for a driver to reverse out of their parking space too quickly and without taking reasonable care, especially in busy car parks during public holidays or weekends. If a reversing driver hasn’t seen your vehicle in the through lane and reverses out into you, the reversing driver would be at fault.
The driver that exited the parking lot first is not at fault. The vehicle that exited later had a duty of taking reasonable care and observing the moving vehicle before backing out. However, it may be difficult to determine fault if the accident happens in the middle of the parking lane. It may be challenging to tell the driver that began backing out first in that case.
In summary, while both drivers are responsible for ensuring the road is clear before reversing, the driver who fails to take reasonable care and backs into another vehicle is generally at fault.
3. Collision with a parked car
You are not at fault if your car is hit while parked and you can get an accident replacement car while your car is fixed. However, if your door was open, the liability for damage may be split between you and the offending driver.
4. Parking spot collision
A collision can happen when two cars try to park into the same parking slot at the same time. The driver crossing traffic lanes will be at fault because they should have yielded to the vehicle turning into the parking space. However, factors like speed, the point of impact, and how far each vehicle was from the parking spot will be considered.
Not My Fault offers accident replacement vehicles for motorists that are not at fault. Call us today to discuss your replacement car.
