Who Is At Fault in a Parking Lot Accident?

Determining who is responsible for a parking lot accident in Florida can be complicated. To determine fault, you must examine factors such as the driver’s actions, the parking lot conditions, and whether the property owner was negligent. Figuring out fault can be especially challenging when multiple parties are involved.

 

At Zervos & Calta, PLLC, we believe that protecting our clients begins with helping them understand their legal rights. In a parking lot accident, this means identifying who might be at fault, determining the available insurance coverage, and helping our clients demand just compensation. If you recently suffered injuries in a parking lot accident, contact us today for a free review of the specific facts of your case with an experienced personal injury lawyer.

What Are Different Types of Parking Lot Accidents?

Parking lots can be chaotic with multiple vehicles moving in different directions. Some of the most common types of parking lot accidents include:

• Backing-up collisions – Accidents frequently occur when drivers back out of parking spaces or back into parking spaces. Their visibility may be limited when backing.
• Rear-end collisions – If a driver stops to turn into a parking space, the driver following may cause a rear-end collision if not alert for sudden stops.
• Intersection collisions – Cars may collide at intersections where parking lanes converge if drivers are confused about right of way.
• Pedestrian accidents – Pedestrian accidents are common in parking lots and parking decks. Pedestrians may be challenging to see behind tall vehicles. Drivers must remain alert for people on foot stepping out from behind vehicles.
• Bicycle accidents – Bicyclists must remain alert for occupants of parked cars opening doors unexpectedly and causing a bicycle accident.

Each type of parking lot accident has unique legal considerations. Liability can fall on various parties, depending on the specific circumstances. An experienced car accident attorney at Zervos & Calta, PLLC, can help you determine who may be responsible for your car accident injuries and help you seek maximum compensation.

Could More Than One Person Be Held At Fault for the Parking Lot Accident?

Yes, in many cases, more than one party can be responsible for a parking lot accident. For instance, if two drivers are backing out of parking spaces simultaneously and their motor vehicles collide, the drivers may share fault. In another example, if a driver causes an accident in a parking lot that has poor lighting, both the driver and the property owner may share responsibility.

Parking lots are often private property. If a property owner fails to perform adequate maintenance on the parking lot or parking deck, a skilled personal injury attorney may seek to prove negligence on the part of the parking lot owner.

Pedestrians and cars often cross paths in parking lots, and there aren’t always traffic signs or crosswalks to direct traffic. If a pedestrian is struck by a vehicle, an in-depth investigation may be required to determine how the accident occurred and apportion fault between the parties. If the insurance company denies liability, the car crash victim may need to file a personal injury lawsuit to seek compensation for medical bills and other losses.

What Happens If I Contributed to the Parking Lot Accident?

If you are partly at fault for a car accident, you may still have a right to recover compensation under certain circumstances. Florida follows a modified comparative negligence system for car accident claims. Any party found to be greater than 50 percent at fault for their harm can be barred from recovering any compensation.

If your share of fault falls below that threshold, your compensation is reduced in proportion to your percentage of fault. For example, if a court determined the total damages are $100,000 and you are 40 percent at fault, you would be eligible to receive $60,000 in compensation.

Do All Parking Lot Accidents Result in a Police Report?

No, law enforcement officers will not always respond to an accident on private property, such as a shopping center or grocery store parking lot. This factor can complicate the investigation of parking lot accidents.

To protect your rights when you can’t file a police report after an accident, be sure to:

• Take photos and videos of the accident scene
• Collect contact information of any witnesses
• Seek medical treatment
• Record your statement while the details are still fresh
• Contact a car accident lawyer at Zervos & Calta, PLLC, for a free case review.

Always obtain a police report when possible. If you can’t, an attorney can help you gather evidence to establish the at-fault driver’s liability and establish your claim.

Could the Parking Lot Owner Be Held Liable for the Accident?

Yes, when property owners fail to maintain reasonably safe premises, they may be liable for any accidents caused by their negligence. For instance, the following circumstances could support the property owner’s liability:

• Poor lighting
• Poor or obstructed signage
• Potholes or uneven surfaces
• Missing lane markings
• Lack of security.

When property owner negligence contributes to car collisions, premises liability laws can add another layer of complexity to a car accident lawsuit.

What If the Person Who Hit Me Leaves the Scene?

Parking lots are common areas for hit-and-run accidents. Drivers may believe they can leave the scene unnoticed. If someone hits your vehicle or injures you and then attempts to flee, be sure to:

• Try to take a photo of their car and license plate
• Report the incident to the police immediately
• Check for nearby security cameras
• Contact your insurance provider and report the hit-and-run accident.

If neither you nor the police can find the at-fault driver, the uninsured motorist coverage on your auto insurance policy should cover losses that the hit-and-run accident causes. Your attorney can take care of communications with insurance and help you explore other ways to get more compensation.

What Damages Could I Claim for Parking Lot Accident Injuries?

Whether the accident is considered “minor” or “severe,” your injuries and losses can be significant. As part of a personal injury case, you may seek compensation for:

• Medical expenses – Hospital visits, ambulance services, follow-up appointments with medical professionals, prescription medications, surgeries, medical devices, physical therapy and rehabilitation, and future medical expenses related to your injuries.
• Lost wages – Missed wages or income, commissions and tips, sick days and vacation time, medical benefits, and future lost wages.
• Pain and suffering – Compensation for the physical pain, mental anguish, and emotional distress caused by your injuries and the accident.
• Property damage – The cost of repairing or replacing your vehicle and any other personal property damaged in the accident. You may also be entitled to compensation for the diminished resale value of your vehicle.

Your claim’s total value depends on your case’s specific circumstances, the severity of your injuries, and the insurance policies available to provide compensation. You should document the accident scene, maintain medical and financial records, collect witness contact information, and seek immediate medical attention.

Contact a Florida Car Accident Lawyer

If you suffered injuries in a parking lot accident caused by someone else’s negligent conduct, you need an experienced car accident attorney to handle your case. The Florida personal injury lawyers at Zervos & Calta, PLLC, have over 50 years of combined legal experience assisting car accident victims. Our personal injury law firm has recovered millions of dollars in settlements and verdicts (showing our experience, but not guaranteeing future outcomes) and received numerous testimonials from satisfied former clients.

When times are tough, your lawyer should be, too. Our legal team will be your fiercest advocates as you seek justice and a fair settlement. Contact us today to schedule your complimentary consultation.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 33 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.