Liability In Parking Lot Accidents

We typically think of car accidents as occurring at high speed on highways, in intersections, or on rural roads, but a surprising 20% of accidents happen at slow speed in parking lots, resulting in an average of 500 deaths per year. According to the National Safety Council, parking lot and parking garage accidents occur by the tens of thousands each year, including those with injuries and fatalities between vehicles and pedestrians. Although most parking lot accidents are fender-benders involving only property damage, others involve personal injury and wrongful death claims. It’s important to understand liability in parking lot accidents to recover compensation for damages like property damage to a vehicle, medical expenses, lost wages, and compensation for pain and suffering.

Common Causes of Parking Lot Accidents

Parking lot accidents range in severity from minor side swipes and dented bumpers to serious pedestrian accidents causing catastrophic injury or death. Common causes of parking lot accidents include the following:

• Distracted driving: 66% of drivers admit to using cell phones while navigating parking lots and 59% say they groom themselves while driving in parking lots
• Reversing drivers: 25% of parking lot accidents occur while one or both drivers are backing up
• Congested parking lots
• Inadequate lighting
• Poorly designed parking lots
• Poor visibility
• Distracted pedestrians
• Loose shopping carts
• Poor parking lot maintenance
• Unclear or inadequate signage
• Confusing parking lot entrance and exit designs

When an accident happens in a parking lot, it’s necessary to determine the cause of the accident, the at-fault party, and the appropriate insurance policy to cover the victims’ damages under Missouri’s fault-based comparison negligence insurance laws.

Proving Liability in a Parking Lot Accident Claim

It’s sometimes challenging to determine liability in a parking lot accident because parking lots have different rules than roadways, particularly for the rules of right of way. Vehicles driving through parking lots typically have the right of way over any car backing up or driving forward out of a parking space. Proving liability requires examining the accident scene to look at the signage and directional arrows, and reviewing any available video from surveillance cameras. The liable party must meet the following points of legal liability proving their negligence:

• The at-fault party owed a duty of care to take reasonable measures to prevent causing damage and injuries
• They breached their duty through negligence
• Their breach of duty directly caused the accident
• The accident victim suffered damages from the accident

Damages in parking lot accidents range from minor property damage to wrongful death claims.

What to Do After a Parking Lot Accident

It’s important to take immediate steps when a parking lot accident occurs. The drivers must call the police to the scene if the accident caused injuries or serious property damage. Involved drivers must exchange contact and insurance information. It’s also helpful to take photos of the damaged vehicles and collect the contact information of any eyewitnesses, especially in parking lots without cameras. If the owner of a damaged car or truck isn’t present, the driver who caused the damage must leave a note on the windshield with their contact and insurance information; however, if it appears that there is more than $1,000 in damages, the driver who caused the damage may not leave the scene until cleared by the police.

How Can a Missouri Car Accident Attorney Help?

Proving liability in parking lot accidents can be a complex process, it’s especially critical for those who suffered injuries or a loved one’s fatality in a parking lot accident. Call the St. Louis car accident attorneys at Miller & Hine today so we can take action on your behalf to ensure you recover the maximum compensation available to you in your case.