Who Is at Fault in a Parking Lot Accident?

parking lot accident

When people think of car accidents, they often imagine only road accidents, not parking lot accidents. However, vehicle collisions can happen in many other places, including parking lots. Determining who’s responsible for a parking lot car crash can be more challenging than other car accident types.

It’s vital to establish fault even in parking lot mishaps because Georgia is an at-fault car accident state. So, receiving compensation for any damage from the car accident depends on who’s responsible. An excellent Atlanta car accident lawyer can help you prove fault in your parking lot accident. That’s why you should hire one immediately after your crash.

Different Types of Parking Lot Accidents

Parking lot accidents occur in many ways. Each accident type affects fault determination uniquely. You can look at a parking lot crash and know which party was responsible. Some of the common parking lot accidents include:

  • A Moving Vehicle Hits a Parked One

Liability is often very clear in these types of parking lot crashes. If the car owner legally parked, the moving driver would be at fault. However, if a driver hits an illegally parked vehicle, the wrongly parked car owner could be liable. The fault could get a little trickier in these scenarios if the details of the accident are fuzzy.

  • Two Vehicles Pulling Out of Their Parking Spots Collide

In these types of parking lot accidents, the fault may be shared between the drivers. If two drivers are backing out of their spots on opposite sides of the parking lot, the fault may be hard to show. Both drivers must ensure that it’s safe before pulling out. If one car starts pulling out, the second driver must take care before starting its exit.

If the driver fails to do so, they’ll be liable. However, if a “Simultaneous pullout” caused the accident, the drivers may share liability 50/50. It would be best if you didn’t accept responsibility after this type of parking lot crash.

  • Single Vehicle Collisions With Objects

This type of crash occurs when a moving vehicle hits a stationary object. The object could be a sign or any structure. The driver of the vehicle may be liable for the crash. However, in certain circumstances, the property owner will be at fault. This will be the case if the owner negligently erected the stationary object.

  • Parking Lot Pedestrian Accidents

Parking lot accidents don’t always involve vehicles. Many times, pedestrians are the victims. For this type of crash, the individual or the driver may be at fault. For instance, where the pedestrian was walking carelessly in the parking lot, they’ll most likely be responsible for the crash. However, if the driver drove recklessly, not caring that they may injure passersby, they would be liable.

Proving Fault in an Atlanta Parking Lot Accident 

Fault in a parking lot accident is primarily due to negligence. Therefore, to succeed in court, your lawyer must prove the other driver’s negligence. They will have to show that the driver owed you a duty of care. All drivers owe other road users a duty of care to not endanger them. So, this shouldn’t be hard to prove.

Your lawyer must then prove that the driver breached this duty of care. Furthermore, they must show that this breach caused you some form of injuries or property damage. If you can successfully establish all these elements, then you can receive compensation from the fault party.

Security Cameras Can Help

Proving negligence depends on the strength of your evidence. Many parking lots in Atlanta, Georgia, have security cameras. These cameras will most likely capture any accident. An excellent car accident lawyer will review such footage to determine who caused the accident.

The Property Owner May Also Be Liable

Most times, drivers bear the liability of parking lot accidents. However, in certain instances, the property owner may be at fault. For instance, if the owner is aware of the parking lot’s dangerous conditions and did nothing to remedy the situation. The premises controller may also be liable where they failed to maintain the premises. It could even be that they didn’t erect signs and parking lot markings.

Atlanta Car Accident Lawyers Can Help You!

Have you sustained an injury in an Atlanta parking lot accident? Maybe. Was it just property or vehicular damage? If yes, you can claim compensation from the at-fault driver. However, you’ll need Atlanta’s best car accident attorneys to recover the maximum compensation.

Calvin Smith’s lawyers have the legal experience required to win any parking lot accident claim. If you hire us, you can rest assured that we will get you the money you deserve. So, call us today for a FREE consultation on your case.

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