Who Is at Fault in a Parking Lot Car Accident - MO Law

Most people think of motor vehicle accidents occurring on highways or at busy intersections. However, a lot of car accidents are low-impact and take place in relatively safe areas like parking lots. Tens of thousands of these accidents happen every year. Accidents in a parking lot, parking garage, or area where cars are parked are more common than people believe.

When a parking lot car accident occurs, one of the biggest questions is who is at fault?

Most parking lot accidents occur at low speeds, but they can still cause a lot of property damage and personal injury. Determining fault isn't always easy, especially because many parking lots are private property. A parking lot owner doesn't necessarily have the same Missouri traffic laws as public roads do.

Because of this confusion, anyone involved in a car accident in a parking lot should contact a personal injury attorney. They can also advise on who is at fault in a roll over car accident MO.

The Unique Nature of Parking Lot Accidents

Parking lot car accidents are different than a typical accident on a public road. Common scenarios include:

• Two moving vehicles backing out of a space at the same time

• One vehicle pulling forward into oncoming traffic in a driving lane

• A car rear-ending another while waiting for a spot

• A car hits a pedestrian who is walking between parked cars

• Drivers distracted and on cell phones or talking to someone in the car

• Drivers speeding towards the same spot

Every scenario creates a different legal issue in terms of liability and fault. Missouri law will come into play in parking lots. Traffic rules might be a bit different because the property owner may have their own rules since a parking lot is often considered private property. This makes it difficult to determine liability and who is the at fault driver.

A personal injury lawyer is an important partner to anyone involved in a parking lot accident. They understand parking lot accident laws and can help research to assign fault in these situations.

Missouri’s Comparative Fault Rule

Missouri follows a pure comparative fault system. This means more than one person can be found at fault for an accident. Therefore, the compensation available is reduced based on that percentage.

For example, after an accident, a driver is found to be 10% at fault for the parking lot collision, and the other driver is found to be 90% at fault. If the damages are $10,000, the driver would recover $9,000 instead of $10,000 because their award was reduced by 10%.

Even though a parking lot is private property, this law still applies to all drivers involved.

Common Scenarios in Parking Lot Accidents

To determine who is at fault in a parking lot car accident in Missouri, it helps to understand how liability is assigned based on these common scenarios:

Two Drivers Backing Out Simultaneously

With so many cars in a parking lot, cars are moving in and out all of the time. If two vehicles are backing out at the same time, and they hit each other, they may both be assigned equal fault. In this case, the percentages could also be adjusted based on visibility, speed, or attentiveness.

A Driver Backing Out Hits a Moving Car

If a driver exiting a spot hits a vehicle traveling down a parking aisle, the vehicle that is backing out is usually at fault. The vehicle in motion usually has the right of way, and the other is usually at fault for the accident.

Two Cars Collide Over a Parking Spot

Some accidents occur when two vehicles try to enter the same spot at the same time. When this happens, and they are turning in at the same time, they both might share in the blame. However, if one car didn't yield, or if the driver made an unsafe maneuver, the driver might be partially or fully at fault.

Driver Hits a Parked Car

If a driver hits a legally parked car they are typically 100% at fault. However, if they hit an improperly parked vehicle, shared fault is usually considered.

Pedestrian Accidents

A driver is required by law to yield to a pedestrian in a parking lot. If the driver hits a pedestrian while entering or exiting a spot or moving through the aisle, they are usually held responsible. However, if a pedestrian darts out suddenly, not paying attention, or there is poor visibility, fault can be shared between the driver and the pedestrian.

Key Factors in Determining Fault

Every parking lot accident is unique, and to establish fault, you must have evidence. Here are some ways that fault for the accident is determined:

• Surveillance Cameras - Many parking lots have security cameras, and they are often used to show what has happened.

• Witness Statements - Because there are so many cars in a parking lot, there are probably a lot of witnesses. A witness can offer unbiased accounts of the accident.

• Photos and Videos - Photos of vehicle positions, vehicle damage, and the surroundings can also help determine fault. Things like improperly designed property features, or footage from dash cams or rear view cameras, can be very important.

• Police Reports - Police reports can be very important as they will gather evidence when they arrive. They might note things like where speed limit signs were, if there were stop signs, if anyone suffered injuries, or if any other vehicle might have been involved.

• Vehicle Damage - The damage to the vehicle can also help determine liability as the angles and location of the damage can show how the accident occurred.

A lawyer can help determine fault, too, and they can collect and interpret the evidence in order to create a case for their clients.

What to Do After a Parking Lot Accident in Missouri

Those who have been involved in a car accident should take the following steps:

1. Check for Injuries - If someone requires medical treatment, call 911.

2. Exchange Contact Information - The drivers involved should exchange contact information, insurance information, and license plate numbers.

3. Document the Scene - Document the scene with photos and videos making sure to capture vehicle damage, parking spaces, signage, damage, and any security cameras.

4. Talk to Witnesses - Get the names and contact information for anyone who saw the accident.

5. Avoid Admitting Fault - Don't admit any fault.

6. Contact an Attorney - A legal expert is crucial, especially if there are injuries or liability is disputed. Contact our car accident attorneys in St Louis for advice.

   
   

Why Hire a Missouri Personal Injury Attorney?

A parking lot accident might seem minor at first glance, but they can cause injuries like whiplash, concussions, or back strain. An insurance claim should be filed in case of injuries, and an attorney can help. Keep in mind that insurance companies will try to deny or minimize claims, even if you have a good insurance policy.

An attorney can help get your medical bills paid, they can help you recover compensation, and help to research the case in order to determine fault.

Powell Law Firm has been helping people involved in parking lot accidents for many years, and can help anyone recently involved, too. Call today for a free consultation.