Who’s At Fault for a Parking Lot Car Accident in FL?

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Accidents happen in Florida parking lots, sometimes damaging vehicles and injuring occupants, and other times hurting pedestrians.

But who’s usually at fault for a parking lot car accident in Florida? Different scenarios have different outcomes.

For parking lot accidents with complex fault determination, you need a car accident attorney in Orlando in your corner who knows how to investigate and identify the liable party. Contact the attorneys at JustCallMoe to review your case after you’ve been injured in a parking lot in Florida.

Parking Lot Right of Way in Florida

Contrary to many opinions, no one automatically has the right of way in Florida. The law is only clear on who should give way to avoid accidents or crashes. This includes all drivers, motorcyclists, pedestrians, and bicyclists.

Yielding must take place in the following instances.

Stop signs

Yield to traffic and pedestrians at stop signs, and only keep moving when the road is clear.

Through lanes and parking lanes

Vehicles driving in the parking lot lanes that are often marked with directional arrows have the right of way. Vehicles in parking spots should yield to cars in through lanes.

Pedestrian crosswalks

Cars must stop and yield to pedestrians moving in marked crosswalks, usually in front of businesses or between sidewalks at shopping establishments.

Uncontrolled intersections

Parking lots can have various spots where there are no signs to direct traffic. However, when you encounter an uncontrolled intersection, drivers yield if:

  • There’s a vehicle already traveling through the intersection
  • They want to make a turn, and a car is approaching from the opposite direction

Examples of Parking Lot Accidents

Pull out crashes

Two cars backing up simultaneously are more than likely to crash because none of the drivers can see the other vehicle. Either driver could be at-fault, but the one who begins to back up last could be found to be the at fault party.

Backing into an oncoming vehicle

A car can back up without seeing the oncoming vehicle. This can happen if the parked vehicle is in a blind spot and not checking for oncoming vehicles in the through lane. In other cases, a car comes too fast down the lane without paying attention to a driver in the middle of backing out.

Head-on crashes

When two cars are rushing to get into a parking spot, or are traveling in the opposite directions in through lanes, this can lead to a head-on crash. Occasionally, a driver that’s traveling in the direction opposite to the pavement arrows will be the one at-fault.

To avoid a head-on parking lot crash, pay attention to the road ahead and try not to get caught up in scanning for open parking spaces to either side. Always drive in the direction of parking lot traffic indicated by pavement arrows.

Two cars in one parking space

If two cars try to park in one space, the outcome is almost always a collision.

Some of these accidents result from one driver’s negligence or shared responsibility. Determining fault for a parking lot accident can be complicated, and so an attorney’s help may be crucial to your case.

Florida Parking Lot Laws

Most parking spaces are private property and aren’t subject to state traffic laws. Although the police might not investigate every fender-bender, there are basic traffic rules every driver should adhere to.

Any driver driving through a parking lot is responsible for being careful and mind other road users by watching where they’re going and pedestrian movements to avoid harming others.

Negligence can come in many forms, like texting while backing up or driving in parking lots, chatting with a passenger, and not paying attention to pedestrians within crosswalks.

Contact an Experienced Accident Attorney in Florida About Your Parking lot Accident

If you or a loved one is in a parking lot accident in Florida, you need an experienced attorney skilled in determining who’s really at-fault for the accident. The attorneys at JustCallMoe will assist you in recovering damages caused by a negligent driver in a parking lot.

Don’t hesitate to contact our Florida auto accident lawyers for a free consultation on your case. Let us help you navigate your claim.

Parking Lot Car Accident FAQs

Is Florida a no-fault state in parking lots?

Florida is a no-fault state, but this only means that all drivers in Florida are required to carry no-fault or PIP insurance, which may pay for up to $10,000 in medical expenses for the injuries you sustained in a parking lot accident. If you are injured in a parking lot accident, you still have the right to bring a claim for damages for the injuries you sustained.

Do you need a lawyer after a parking lot accident?

While you are never required to hire an attorney, it is always recommended that you hire an attorney after a parking lot accident. Your attorney will be able to investigate the accident and gather any evidence available to help you prove your case, even if your case is likely to settle out of court.

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