You head to your local grocery store, park your car, and walk toward the entrance. Suddenly, you hear the screech of tires and feel a sharp impact as a car backing out of a parking space strikes you, knocking you to the ground. Confusion, pain, and shock set in as you realize you've been hit.
As you begin to assess your injuries, your mind races with questions: How did this happen? Who is at fault? What do I do now?
Parking lot accidents like this are all too common in Florida. With vehicles moving in multiple directions, drivers pulling in and out of spaces, and pedestrians walking to and from stores, parking lots are a hotbed for collisions. In the aftermath of a parking lot accident, determining fault is crucial for insurance claims and potential legal action. If you find yourself in such a situation, consulting a car accident lawyer in Florida can help you navigate the complexities and secure the compensation you deserve.
Table of contents
Understanding Parking Lot Accidents
Parking lot accidents can take many forms.
Some common scenarios include:
- Two vehicles colliding while one is pulling out of a parking space
- A vehicle striking a pedestrian in a crosswalk or walking through the parking lot
- A driver rear-ending another vehicle that stopped suddenly
- Two vehicles colliding at an intersection within the parking lot
- One vehicle hitting a parked car
In general, the same rules of the road and principles of negligence that apply on Florida streets and highways also apply in parking lots. All drivers have a duty to exercise reasonable care and avoid accidents. However, the unique environment of parking lots can make determining fault difficult without a car accident lawyer’s help.
Florida as a No-Fault Insurance State
It's important to understand that Florida is a no-fault insurance state. This means that after most accidents, including those in parking lots, each driver initially turns to their own personal injury protection (PIP) insurance to cover medical expenses and lost wages, regardless of who was at fault.
However, PIP coverage may fully compensate you for severe injuries. In that case, you may need to step outside the no-fault system and pursue a claim against the at-fault party.
Florida law allows this if your injuries meet certain thresholds:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Significant and permanent scarring or disfigurement
- Death
Therefore, even in a no-fault state, it's still critical to determine fault for a parking lot accident if injuries are serious. An experienced personal injury attorney can help you understand your legal options.
Determining Negligence
In most parking lot accident cases, determining fault involves proving negligence. Negligence occurs when a person fails to exercise the level of care that a reasonably prudent person would use in similar circumstances. For parking lot accidents, this means a driver or pedestrian failing to act with the caution and care that a typical, careful person would use in a parking lot.
To prove negligence, four key elements must be established:
- Duty of Care: The first step is showing that the at-fault party owed you a "duty of care." In parking lots, all drivers have a duty to operate their vehicles safely and watch out for pedestrians and other cars. Pedestrians also have a duty to exercise reasonable care for their own safety.
- Breach of Duty: Next, you must show that the at-fault party breached their duty of care by acting in a way that a reasonably prudent person would not. Examples of breaching the duty of care in a parking lot might include:
- Speeding
- Not looking before backing out of a space
- Driving distracted
- Failing to yield the right of way
- Ignoring stop signs or parking lot markings
- Cutting across parking spaces instead of driving in lanes
- Causation: To prove negligence, you must show that the at-fault party's breach of duty directly caused your accident and injuries. In other words, you would not have been hurt if not for their careless actions.
- Damages: Finally, you must have suffered actual damages such as bodily injury, property damage, medical bills, lost wages, or pain and suffering. Without damages, there is no negligence case, even if the other party was careless.
Proving negligence often requires thorough investigation and evidence gathering after a parking lot accident. A skilled personal injury attorney can help compile evidence to demonstrate the other party's negligence.
Determining Fault
Once negligence is established, the next step is determining the degree of fault of each party. In some cases, fault may lie 100% with one party. For example, if a driver was texting and speeding through a parking lot, striking a pedestrian who was carefully using a marked crosswalk, the driver is likely entirely at fault.
However, Florida follows a pure comparative negligence rule, which means fault can be apportioned between parties. If the injured party is found to have been negligent as well, their compensation decreases by their percentage of fault.
Determining exact percentages of fault requires weighing the evidence and actions of each party.
Relevant evidence in parking lot accidents may include:
- Video footage from security cameras
- Photos of vehicle damage, skid marks, debris, and injuries
- Eyewitness statements
- Police accident reports
- Medical records documenting injuries
- Accident reconstruction expert analysis
An experienced personal injury attorney knows how to gather and present evidence to build the strongest case for their client. They can also develop legal arguments to counter claims their client shared fault. Ultimately, the goal is to minimize the injured party's fault percentage so they can recover the most compensation possible.
Common Parking Lot Accident Scenarios
Let's look at how fault is typically determined in some common parking lot accident scenarios:
Two Vehicles Colliding When One Is Pulling Out
One of the most frequent types of parking lot accidents occurs when a driver pulls out of a parking space and collides with a vehicle driving through the lane. In most cases, the driver pulling out of the space is found at fault.
This is because drivers backing out or pulling forward from a parking space have a duty to yield the right of way to vehicles already traveling in the lane. Before entering a traffic lane, a driver must carefully check to ensure it's safe to proceed. They will likely be liable if they fail to do so and hit another car.
However, fault isn't always clear-cut. They may share some blame if the driver in the lane was speeding excessively, driving recklessly, or otherwise not exercising reasonable caution. Parking lots have low speed limits for a reason—to give drivers pulling out of spaces time to react. If the moving driver was going too fast to stop safely, they share negligence.
Pedestrian Accidents
Pedestrian accidents are also sadly common in parking lots. With cars and people moving nearby, there's always a risk of collisions. When a vehicle strikes a pedestrian in a parking lot, fault usually lies with the driver.
Drivers have a high duty of care to watch for and yield to pedestrians in parking lots. This duty is highest at designated crosswalks. Pedestrians always have the right of way when using a marked crosswalk, and drivers must stop to let them cross safely. If a driver hits a pedestrian in a crosswalk, they will almost certainly be found at fault.
Even if pedestrians aren't in a crosswalk, drivers must remain vigilant. Pedestrians may walk between parked cars or across sections of the lot without crosswalks. While pedestrians should always attempt to cross safely, drivers must still scan for them and avoid collisions when possible. If a driver strikes a visible pedestrian walking at a normal speed, the driver may bear liability.
However, pedestrians also have a duty to exercise reasonable care for their own safety. If a pedestrian darts out suddenly into the path of a vehicle, walks in the lot while distracted, or fails to use designated crosswalks, they may be found comparatively negligent. Their assigned percentage of fault would then reduce their compensation.
Rear-End Collisions
Rear-end accidents are also frequent in parking lots, especially in stop-and-go traffic near entrances and exits. In most rear-end collisions, the trailing driver is presumed to be at fault. This is because drivers have a duty to maintain a safe following distance so they can stop in time if traffic slows or stops in front of them.
If a driver follows too closely or does not pay sufficient attention and rear-ends the car ahead, they will likely be found negligent. This is true even if the leading car stops abruptly. Drivers must be prepared for sudden stops in parking lots.
However, there are some situations where the leading driver may share fault for a rear-end collision. They may be partially liable if they reversed suddenly without warning, cut off the trailing driver and then slammed on their brakes, or stopped for no apparent reason. But in most cases, the driver who does the rear-ending is primarily at fault.
Parking Lot Intersection Accidents
Many larger parking lots have internal intersections where lanes of traffic cross. Accidents at these intersections are treated much like those on public roads. Drivers approaching a parking lot intersection must exercise caution and obey any posted signs or pavement markings.
If there are no signs, the general rule is that the vehicle on the right has the right of way when two cars approach an intersection simultaneously. If one driver has a stop or yield sign and the other doesn't, the driver with the sign must allow cross traffic to clear before proceeding.
For accidents involving left turns at parking lot intersections, the turning driver must yield to oncoming traffic going straight. If they fail to yield and a collision occurs, the turning driver is typically at fault.
However, as in all parking lot accidents, specific circumstances can affect fault. If the driver with the right of way was speeding or driving recklessly, if the oncoming driver was going too fast to avoid a left-turning car, or if either driver was distracted, fault may be apportioned between parties.
Parked Car Accidents
Another common type of parking lot accident occurs when someone hits your parked car while legally parked in a designated space. Returning to your car only to find it dented and damaged can be incredibly frustrating, especially if the at-fault driver fled the scene without leaving a note.
In most cases, if someone hits your properly parked car, they will be found at fault. Drivers have a duty to safely navigate parking lots and pull in and out of spaces without striking other vehicles.
If they fail to do so and collide with a stationary, parked car, they are typically liable for the damage caused.
However, there are some circumstances where fault might be less clear or shared:
- You may bear partial fault if you illegally parked your car, such as in a no-parking zone or protruding into the lane.
- If your car was parked in a way that made it difficult for other drivers to see, such as far over the line in a space, you might share some responsibility.
- If a driver hits your parked car due to a sudden, unforeseeable medical emergency, their fault may diminish.
But in most cases, the driver who hits a legally parked car is negligent and, therefore, at fault.
Unfortunately, some drivers who hit parked cars flee the scene without stopping to exchange information or take responsibility. This is known as a hit and run accident. If your parked car is damaged and the at-fault driver can't be located, you may need to turn to your own insurance policy.
If you have collision coverage, your insurance should cover the damage to your vehicle minus your deductible. If you only have liability coverage, your insurance won't pay for your damages. However, if the hit and run driver is later identified, you can pursue a claim against their insurance for your losses.
Pursuing Compensation After a Parking Lot Accident
After a Florida parking lot accident, contact an experienced car accident lawyer as soon as possible.
Your lawyer can:
- Listen to your story and explain your legal options
- Investigate your accident and gather key evidence to prove fault
- Handle all communications and negotiations with the insurance companies
- Fight to minimize any allegations that you were comparatively negligent
- Advocate tenaciously for the maximum possible compensation you deserve
Most importantly, don't try to navigate the legal process alone. Consult with a knowledgeable lawyer like those at Frankl Kominsky Injury Lawyers, who can evaluate your case, gather evidence of fault, and fight for the compensation you deserve. With the right legal advocate, you can focus on healing while your attorney handles the complex work of proving fault and liability.
Contact Frankl Kominsky Injury Lawyers today at (561) 800-8000 or through our online form to discuss your case during a free consultation.