Two cars back out at the same time.
A driver pulls through a parking space and hits another vehicle.
Someone turns too quickly into a lane.
A pedestrian walks behind an SUV that has already started backing up.
Parking lot accidents happen every day, and they are often followed by the same argument:
"I had the right of way."
The problem is that determining fault is not always that simple.
Parking Lots Create Their Own Kind of Chaos
On a normal roadway, traffic generally moves in predictable directions.
Parking lots are different.
Cars are backing up. People are walking between vehicles. Drivers are searching for spaces. Shopping carts block visibility. Children may suddenly appear between parked cars.
Everyone is moving in different directions within a relatively small area.
That makes attention especially important.
Backing Out Does Not Automatically Decide Everything
A common assumption is that the person backing out of a parking space is always at fault.
You should not assume that.
How the accident happened matters.
Was one vehicle already established in the travel lane? Were both vehicles backing simultaneously? Was someone driving too quickly through the lot? Was visibility obstructed?
Fault should be based on the actual circumstances, not a parking lot myth.
Pedestrians Add Another Layer
Parking lots are also places where drivers should expect pedestrians.
Someone may be walking toward a store, returning a cart, loading groceries, helping a child out of a vehicle, or crossing between rows.
Pedestrian injuries can be serious even when a vehicle is moving relatively slowly.
Drivers should be watching their mirrors, cameras, blind spots, and surroundings before moving.
Pedestrians should also avoid assuming a driver sees them.
Cameras Can Be Extremely Important
One advantage of an accident outside a grocery store, restaurant, shopping center, bank, or other business is the possibility of surveillance footage.
The disadvantage?
That footage may not exist forever.
Businesses can have different retention policies, and video may eventually be overwritten.
If a parking lot accident causes a significant injury or there is a serious dispute about what happened, identifying possible cameras quickly can be important.
Take note of nearby businesses and visible security cameras.
Take More Photos Than You Think You Need
Photograph the vehicles, damage, parking spaces, traffic lanes, signs, pavement markings, surrounding buildings, and overall accident location.
A close-up photograph of vehicle damage tells one part of the story.
A wider photograph showing where both vehicles were positioned can tell another.
If there are witnesses, get their contact information.
"Minor" Parking Lot Accident Does Not Always Mean Minor Injury
Parking lot crashes often happen at lower speeds, so people sometimes assume nobody could have been seriously injured.
That is not a medical conclusion.
If you are hurt, seek appropriate medical care.
The speed of the vehicles is one piece of information. It does not automatically determine whether someone suffered an injury.
If you were injured in a parking lot accident in Palm Beach County and have questions about what happens next, call my office at 561-540-3636.