Special Rules for Parking Lots
Parking lot accidents are among the most common and most disputed collisions. Unlike roadway accidents, parking lots have unique rules, limited traffic law application, and often result in shared fault determinations.
Why Parking Lots Are Different
Limited Traffic Law Application
Most traffic laws apply to public roadways:
- Stop signs in parking lots may not be legally enforceable
- Speed limits may not be posted
- Right-of-way rules are less clear
- Private property changes the rules
Common Scenarios
| Accident Type | Frequency |
|---|---|
| Backing out collisions | 35% |
| Two cars backing out | 10% |
| Lane/aisle collisions | 25% |
| Hitting parked cars | 15% |
| Pedestrian incidents | 10% |
| Other | 5% |
Parking Lot Right-of-Way Rules
General Principles
Even without traffic laws, basic rules apply:
- Through lanes have priority over access lanes
- Moving cars yield to established lane position
- Backing drivers have the most responsibility
- Pedestrians have right-of-way in designated areas
Lane Hierarchy
| Lane Type | Priority Level |
|---|---|
| Main thoroughfare | Highest |
| Feeder lanes | High |
| Parking aisles | Medium |
| Backing from spot | Lowest |
Common Scenarios and Fault
Scenario 1: One Car Backing Out
Situation: You're driving in the aisle, another car backs out of a spot and hits you.
Typical Fault: Backing car 80-100%
Why: The backing driver has the duty to ensure the path is clear. The moving driver in the aisle has established position.
Exceptions:
- You were speeding
- You could have avoided collision
- You saw them backing and didn't stop
Scenario 2: Both Cars Backing Out
Situation: Two cars back out of opposing spots and collide.
Typical Fault: Usually 50/50
Why: Both drivers have equal duty to check. Neither has established position.
Exceptions:
- One was clearly out first
- One driver wasn't looking
- One was stationary when struck
Scenario 3: Rear-End in Aisle
Situation: You're driving through the aisle and hit a car ahead.
Typical Fault: Following car usually 100%
Why: Same rear-end presumption as roadways.
Exceptions:
- Lead car backed up
- Lead car stopped suddenly for no reason
- Lead car's brake lights didn't work
Scenario 4: Car Exiting Spot Hits Your Parked Car
Situation: Your car is parked, another car hits it while maneuvering.
Typical Fault: Moving car 100%
Why: You're stationary and not responsible for their error.
Exceptions: Almost none (unless you parked illegally blocking them)
Scenario 5: T-Bone in Intersection
Situation: Two cars collide at a parking lot intersection.
Typical Fault: Highly fact-dependent, often 50/50
Considerations:
- Who had the stop sign (if any)
- Who entered intersection first
- Speed of each vehicle
- Visibility conditions
Factors That Affect Fault
In Your Favor
- You were in an established lane
- You were moving forward, not reversing
- You had a stop sign (other didn't)
- Witnesses support your version
- Other driver admitted fault
- Dash cam shows their error
Against You
- You were backing up
- You were speeding
- You weren't paying attention
- You could have avoided collision
- You violated right-of-way principles
- You were in "wrong" lane direction
Police and Parking Lots
When Police Respond
Many departments have policies:
- Private property = limited involvement
- May only respond for injuries
- May not take a report
- May not assign fault
What Police Can Do
- Document the accident
- Exchange information between parties
- Note basic facts
- Cite for DUI or major violations
- Provide incident number for insurance
What Police Usually Won't Do
- Investigate fault in detail
- Issue traffic citations (no traffic laws)
- Determine who was right/wrong
- Generate detailed crash report
Documentation Tips
At the Scene
Parking lot accident documentation is extra important:
- Photos of everything: Both cars, positions, surroundings
- Witness information: People often won't stay
- Store surveillance: Note cameras immediately
- Diagram the scene: Show positions and movements
- Note lane markings: Even faded ones
Getting Surveillance Footage
Act immediately:
- Identify all cameras in view
- Go inside and ask for footage
- Request in writing if refused
- Note store name, time, camera locations
- Follow up within 24-48 hours
Insurance Handling
Typical Outcomes
| Scenario | Common Result |
|---|---|
| Clear liability | At-fault pays |
| Disputed | Often 50/50 |
| Both backing | 50/50 |
| Word vs word | 50/50 or deny both |
What 50/50 Means
When insurers split fault:
- Each insurance pays own driver's damage
- Both drivers use collision coverage
- Both pay deductibles
- Both may see rate increases
Disputing 50/50
If you believe you weren't at fault:
- Provide clear evidence (video, witnesses)
- Show other driver violated right-of-way
- Demonstrate you couldn't have avoided it
- Escalate if strong evidence exists
Special Situations
Hit and Run in Parking Lot
If someone hits your parked car and leaves:
- Check for witnesses
- Look for surveillance cameras
- Note any evidence (paint transfer, parts)
- File police report
- Use your collision or UM coverage
Multi-Vehicle Incidents
Several cars involved:
- Document positions of all vehicles
- Get information from all drivers
- May have multiple at-fault parties
- Fault split among all contributors
Pedestrian Accidents
Vehicle vs pedestrian in parking lot:
- Pedestrians generally have right-of-way
- In crosswalks, pedestrian always has priority
- Backing drivers have highest duty to watch
- Pedestrians also have duty to be aware
Key Takeaways
- Parking lots have unique right-of-way rules
- Backing drivers are usually more responsible
- Through lanes have priority over parking aisles
- 50/50 fault splits are common when disputed
- Police may not respond or assign fault
- Surveillance footage is crucial - request immediately
- Document everything thoroughly at the scene
- Your collision coverage may be your best bet for disputed claims