Who Is At Fault for a Parking Lot Accident?

December 1, 2023
Chester County Car Accident Lawyers at Eckell Sparks Represent Victims of Parking Lot Car Accidents

Parking lot accidents can happen when you least expect them. While these types of accidents tend to be minor fender-benders, they can cause a range of painful and potentially serious injuries, including whiplash and back injuries. If you are injured in a parking lot accident, you may be entitled to financial compensation by filing a personal injury claim.

Determining liability for a parking lot accident can be a complicated process. In addition, depending on the circumstances, multiple parties may be responsible for the accident, including one or both drivers involved, the parking lot attendant, the parking lot management company, or the property owner.

It is also important to keep in mind that Pennsylvania is a comparative negligence state. If you are partly to blame for the accident, the total damages you can recover will be reduced by the percentage of your share of liability.

If you are involved in a parking lot accident, you must collect as much evidence as possible, including the following:

  • Photographs from the accident scene, including the damage to your vehicle, the position of both cars, and injuries.
  • Witness testimony if people were walking through the parking lot who saw the accident.
  • Footage from surveillance cameras if set up in the parking lot.

What Are Common Causes of Parking Lot Accidents?

A parking lot accident can occur in several ways, and the type of accident will often determine who is at fault. The following are examples of the types of accidents that can happen in a parking lot:

  • A moving vehicle hits a parked car: If the parked car is legally parked, the motorist in the moving car would most likely be at fault. However, if the moving vehicle hits an illegally parked car, the owner of the parked car may be liable. It can be difficult to prove liability in this scenario since the details about who caused the accident are often unclear.
  • Two vehicles collide while pulling out of a parking spot: Both drivers may be considered at fault in cases like this. Motorists are responsible for ensuring no cars are approaching before pulling out of a parking spot. If both motorists fail to ensure it is safe to pull out, resulting in an accident, both drivers may share liability equally. This is considered a “simultaneous pullout.”
  • Single vehicle collides with an object: In most cases, if a motorist hits an object like a stop sign or another stationary object in a parking lot, that person will be liable for the accident. However, if the property owner negligently placed signs, they will likely be considered at fault for the parking lot accident.
  • Pedestrian accident: Pedestrians can also be victims. Often, the motorist who hit the pedestrian will be liable for the accident, particularly if they were driving recklessly or were distracted by a phone call or text. However, if the pedestrian was walking carelessly and not paying attention to their surroundings, they may be responsible for the accident.

Chester County Car Accident Lawyers at Eckell Sparks Represent Victims of Parking Lot Car Accidents

If you were injured in a parking lot car accident, speak with our skilled Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. To schedule a consultation, call us at 610-565-3701 or contact us online. Located in Media and West Chester, Pennsylvania, we serve clients in Delaware County, Chester County, and Montgomery County.