Parking lots can be small areas, but are known to cause plenty of accidents every year. They’re often busy areas, populated with many cars, motorcycles, and pedestrians, all driving and walking in nearly every direction. Fender benders, pedestrian accidents, and more occur often in parking lots, so it’s important to be aware of how fault is addressed in this situation. If you find yourself struck by another car in a parking lot, don’t assume it’s your fault, and call a lawyer right away.

Some people believe that if two cars hit one another, that there’s a sort of “split liability” or fifty-fifty split of the fault shared between both parties. For example, when two cars crash in a parking lot, they both might shrug it off and chalk it up to a simple accident on both sides. But it’s important to know that split liability is a myth, one that claims that since there are so many accidents that occur in parking lots, insurance companies find it more simple and straightforward to consider the accident 50% one driver’s fault, and 50% others. This is simply not true.

The truth is that all drivers and pedestrians must be held accountable in a court of law for any negligence or carelessness while in motion. Regardless of where an accident happens, if you caused a collision with another vehicle, you will be held responsible for the accident.

What Accidents Occur Often In Parking Lots?

A car, truck or motorcycle accident can happen in many different ways. One of the most commonly occurring types of accidents is when two drivers back into each other. This happens often when one car is pulling out of a parking spot and another car is passing through the lane behind them.

Another commonly occurring accident is when two cars are scoping out the same parking lot, and collide into each other. Sometimes, this type of accident was simply an accident, and other times “road rage” is at play and one driver pushed more aggressively than another to get into that spot. In any case, never assume fault, and call a lawyer if you experience this type of accident.

Pedestrian accidents are another commonly occurring type of accident in parking lots. Pedestrians are entitled to use crosswalks so they can travel safely, but sometimes they walk outside of them, which can be a distraction or risk for drivers. When a car strikes a pedestrian, it’s important to remember that the car is not automatically at fault. If a pedestrian was walking recklessly, in the wrong place, or otherwise in a way that put themselves or you in danger, they can be held accountable. This situation is the same for when a bicyclist is involved. Never assume that just because you were in the car, that you absorb all of the fault.

There are, clearly, limitless opportunities for cars, trucks, motorcycles and pedestrians to collide in parking lots. What’s important is to remember that anyone can be held at fault and, with the help of a car accident attorney, you can defend yourself against the accusations of others and seek compensation for damages you suffered following the accident.

How Do Courts Determine Who To Blame In Parking Lot Accident Cases?

Insurance companies, courts, and lawyers use fault determination rules to determine who to blame in parking lot accident cases. Fault determination rules are a regulation under the Insurance Act. These rules lay out a framework for how to decide who caused the accident and how. For example, the degree of fault of an insured is determined by:

  • the circumstances in which the incident occurs, including weather conditions, road conditions, visibility or the actions of pedestrians, or
  • the location on the insured’s automobile of the point of contact with any other automobile involved in the incident.

In a parking lot accident, drivers who are on the main sections (roads in front of stores or away from stalls) are given the right of way. Drivers who are in the feeder lanes of the parking lot, or in designated parking stalls, do not have the right of way. Therefore, the driver, cyclist or pedestrian who did not obey the rules of the right of way is usually found entirely at fault for the accident. Similarly, when a car pulls out of a parking space and does not wait and give the right of way to those driving behind them, they are found to be entirely at fault for the situation.

Call McKiggan Hebert Lawyers For A Free Parking Lot Accident Consultation

If you have been injured in a car accident in Halifax, you need to seek legal representation from a hardworking, skilled auto accident lawyer at McKiggan Hebert. Our Halifax car accident lawyers have years of experience helping those injured in car accidents get the compensation they are entitled to by law.