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Who Is Liable for a Parking Lot Accident?

Our Cincinnati Car Accident Lawyers at Wolterman Law Office Represent Victims of Parking Lot Accidents

Parking lots can be chaotic and stressful, particularly during peak times. However, as motorists, we are responsible for understanding how to safely navigate these areas, regardless of the circumstances. A moment of distraction or impatience can lead to a parking lot car accident. While these incidents typically don’t result in severe injuries or major property damage, there are situations where a parking lot accident can cause serious, even fatal, injuries. If you are injured in a parking lot accident and wish to seek financial compensation through a personal injury lawsuit, you will need to prove the other driver’s liability. This can be a complex process, especially if you share some responsibility for the accident. However, a dedicated car accident lawyer can review your case, determine liability for your injuries, and guide you through every step of the claims process, providing you with the reassurance and support you need.

What Are the Different Types of Parking Lot Accidents?

The most common types of car accidents in parking lots include the following:

  • Read-end accidents: The motorist who hits another vehicle from the rear is usually considered at fault. This is also true for parking lot accidents. For example, if a motorist is driving too close to the car in front of them, and the car in front hits the brakes, this can cause an accident if the following vehicle cannot slow down or stop in time to avoid hitting the other car. In addition to tailgating, distracted driving is one of the most common causes of rear-end accidents in parking lots.
  • Entering and exiting accidents: When backing out of a parking spot, all motorists have a duty of care to ensure that no other vehicles are backing up at the same time. When one driver has already started to back up, the other motorist should take reasonable care to observe the other vehicle and wait to proceed until the other car has exited the parking space. In addition, drivers must ensure no pedestrians are in the vehicle’s vicinity before backing out of a parking spot.
  • Left-turn accidents: If a driver pulls into a parking spot by making a left turn but fails to yield to the right of way or tries to cut off another motorist in an attempt to beat the other motorist to the parking spot, the driver making the left turn will likely be considered liable for causing a parking lot accident.
  • Failure to yield accidents: All motorists are responsible for understanding the right-of-way rules and when they must yield to other drivers, whether on a busy highway or a parking lot. Parking lots generally have three components: thoroughfare lanes that surround the parking lot and connect to the road, feeder lanes that guide drivers up and down the lot with spaces on either side and parking spots. Motorists exiting parking spots must yield to feeder lanes, and drivers who are exiting feeder lanes must yield to cars in thoroughfare lanes. Motorists must always yield to pedestrians walking to or from their cars.

What Steps Should I Take if I Am Involved in a Parking Lot Accident?

Any time you are involved in a car accident, whether on a busy highway or a crowded parking lot, it is important that you take steps to protect your legal rights, particularly if the other motorist was at fault. For example, even if unsure who caused the accident, never apologize or say anything that could be interpreted as admitting fault. This can hurt the outcome of your claim or result in your claim being denied. To secure the best possible claims outcome, it is essential that you take the following steps after a parking lot accident:

  • Collect evidence. Take pictures of the damage to your vehicle, any injuries you sustained, the position of the other vehicle involved, and statements from witnesses who saw the accident happen. If security cameras are set up in the parking lot, contact the owner or operator to request a copy of the footage.
  • Report the accident. Even if the property damage is minor and there are no injuries, it is highly recommended that you call the police to report the accident. The responding officer will fill out a police report, which may contain valuable information about who caused the accident. In addition, you will need to notify your insurance company that you were involved in an accident.
  • Contact a car accident lawyer. This is particularly important if you suffered injuries and intend to seek financial compensation by filing a personal injury claim. A dedicated car accident lawyer will help you navigate the claims process, address any questions or concerns, and help you recover the financial compensation you deserve.

What if I Am Partially At Fault for Causing a Parking Lot Accident?

Ohio is a comparative negligence state, which means that if you were partially at fault for causing an accident, you could still recover compensation, but the percentage of your share of liability will reduce your total recovery. In addition, if you are more than 50 percent at fault, you cannot recover any damages. For example, if you failed to look both ways when backing out of a parking spot and were hit by a motorist who sped through a stop sign, you may be found 40 percent liable, while the other driver is 60 percent liable. You may still recover compensation, but your total recovery will be reduced by 40 percent. An experienced car accident lawyer will review the accident details and negotiate the best possible settlement.

Our Cincinnati Car Accident Lawyers at Wolterman Law Office Represent Victims of Parking Lot Accidents

If you were injured in a parking lot accident that another motorist caused, do not hesitate to contact our Cincinnati car accident lawyers at Wolterman Law Office. We will protect your legal rights. To schedule a free, confidential consultation, call us today at 513-488-1135 or contact us online. Located in Loveland, Ohio, we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.