We’ve all been there. You’re navigating a crowded grocery store parking lot, looking for an open space, when someone suddenly backs out in front of you. Or maybe you’re the one backing out, carefully checking your mirrors, when another car appears out of nowhere.
Sometimes there’s a close call. Other times, there’s a collision.
And when that happens, the first question is usually, “Who’s at fault?”
After more than 30 years of handling automobile accident cases, I can tell you that the answer isn’t always as obvious as you might think.
Does It Matter That the Accident Happened on Private Property?
One of the biggest misconceptions I hear is that accidents in parking lots are somehow different because they happen on private property.
While certain traffic laws and police reporting procedures may apply differently on private property, that doesn’t mean drivers are free from responsibility for their actions.
Every driver still has a responsibility to operate their vehicle with reasonable care. And if someone’s negligence causes an accident, the fact that it happened in a grocery store parking lot rather than on a public road doesn’t automatically eliminate their responsibility.
What If Someone Backs Into Your Car?
This is probably one of the most common parking lot accident scenarios.
Generally speaking, a driver backing out of a parking space has a responsibility to make sure it’s safe to do so.
If you’re driving down a parking aisle and someone backs directly into your vehicle, the backing driver may be found at fault.
But here’s where things can get complicated.
What if you were driving too fast for the conditions? What if you were distracted? What if the backing driver had already entered the aisle and you failed to notice?
Those details can affect how responsibility is determined.
What If Both Cars Are Backing Out?
Now imagine two drivers parked directly across from each other. Both check their mirrors, both begin backing out, and neither sees the other until it’s too late.
Who’s responsible?
Potentially both drivers.
In situations like these, investigators and insurance companies may look at the timing of each driver’s movements, the location of the damage, whether either vehicle was stopped before impact and any available witness statements or video.
Fault isn’t automatically split 50/50 just because both vehicles were backing up. The specific circumstances matter.
Who Has the Right-of-Way?
Parking lots can be confusing because they don’t always have the same clearly marked traffic controls we’re accustomed to on public roads.
As a general safety principle, drivers pulling out of parking spaces should yield to vehicles already traveling through the aisle. Drivers should also pay attention to stop signs, directional arrows, marked pedestrian crossings and other traffic controls.
But don’t assume that being in a main aisle gives you permission to drive without watching for other vehicles.
Even when another driver should yield, everyone still has a responsibility to use reasonable care to avoid a collision.
What About Pedestrians?
This is an especially important consideration.
Parking lots are full of people walking between parked cars, loading groceries, pushing shopping carts and accompanying young children.
Pedestrians can be difficult to see, particularly when they’re walking behind large SUVs or trucks.
Drivers need to be especially cautious when backing up or traveling through areas with heavy foot traffic.
And when a pedestrian is injured in a parking lot accident, the legal and insurance questions can become considerably more serious.
Michigan’s No-Fault insurance system may provide certain benefits to pedestrians injured in accidents involving motor vehicles, depending on the circumstances.
Will the Police Come to a Parking Lot Accident?
Not necessarily.
Because many parking lots are privately owned, police response and crash-reporting procedures can differ from those for accidents on public roads.
That doesn’t mean you shouldn’t report the accident.
If someone is injured, call 911. For a collision involving property damage, contact the appropriate police agency to find out whether an officer will respond or how the incident should be documented.
Don’t assume that because the accident happened on private property, there’s no reason to report it.
Cameras Can Make a Big Difference
Remember my recent blog about how cameras can help establish what happened in an accident?
Parking lots are another perfect example.
Many businesses have security cameras covering their parking areas. There may also be dash cameras, nearby building cameras or witnesses who saw the collision.
If you’re involved in a parking lot accident, look around for possible cameras and make note of any businesses that might have recorded what happened.
Video footage isn’t necessarily kept forever, so identifying potential evidence quickly can be important.
What Should You Do After a Parking Lot Accident?
Many of the same steps I recommend after any automobile accident apply here.
- Check for injuries. If anyone is hurt, seek medical attention and call for emergency assistance when appropriate.
- Document the scene. Take pictures of vehicle damage, license plates, parking spaces, traffic signs, lane markings and the surrounding area.
- Exchange information. Get the other driver’s name, contact information, vehicle information and insurance details.
- Look for witnesses and cameras. Their information could be valuable if there’s a disagreement about what happened.
- Report the accident. Contact the appropriate authorities and notify your insurance company as required by your policy.
- Don’t assume fault has already been determined. What seems obvious at the scene may look different once all the evidence is reviewed.
What About Insurance Coverage?
Michigan’s No-Fault insurance laws can make parking lot accidents more complicated than many people realize.
If someone is injured, Personal Injury Protection (PIP) benefits may be available depending on the circumstances and applicable coverage.
Damage to your vehicle is a separate question. The collision coverage you’ve purchased, the circumstances of the accident and whether another driver was at fault can all affect how repairs are handled.
And remember, just because an accident happened on private property doesn’t automatically mean insurance won’t apply.
One Final Thought
The next time you’re navigating a crowded parking lot, remember that a little extra patience can go a long way.
Slow down. Check your surroundings. Watch for pedestrians. And don’t assume another driver sees you just because you can see them.
Most importantly, if you’re involved in a parking lot accident and aren’t sure who’s responsible or what insurance benefits may be available, give me a call.
I’m always happy to answer your questions and help you understand your options.
Sometimes the accidents that happen at the lowest speeds can raise some surprisingly complicated questions.
