How is Fault Determined in a Parking Lot Car Crash in PA?

Peter Olszewski

Believe it or not, parking lot car crashes are more common than you think. Tens of thousands of accidents occur in parking lots and garage structures annually, which result in injuries and, in some cases, death.

In Pennsylvania, parking lots are considered private property, and traditional traffic laws may not always apply. However, most parking lots have established rules and regulations to govern the movement of vehicles, and these rules play a crucial role in determining who is at fault in a parking lot accident.

If you have been involved in a parking lot hit-and-run, we can help.

Parking Lot Hazards

Parking lots and garages contain a variety of hazards that can cause crashes, including:

• Inferior lighting: Insufficient or poor lighting in parking lots and garages can create visibility challenges. Dark areas may conceal obstacles, pedestrians, or other vehicles, increasing the risk of a parking lot hit-and-run.
• Tight corners and sharp turns: Many parking lots and garages are designed with tight corners and sharp turns to maximize space. However, these features can be challenging for drivers, especially those maneuvering larger vehicles. Navigating such turns requires careful attention, and a lack of awareness can lead to sideswiping or collisions.
• A lack of traffic signals and signs: Unlike conventional roads, parking lots may lack standard traffic signals and signs. The absence of clear directional indicators or stop signs can result in confusion among drivers.
• Poorly marked parking lanes: Inadequate or faded markings for parking spaces and lanes can contribute to disorderly parking and traffic flow. Without clear delineation, drivers may inadvertently block pathways, impede traffic, or park in undesignated areas, increasing the risk of accidents.
• Potholes or a buildup of ice or snow: Adverse weather conditions, such as rain, snow, or ice, can create hazardous driving conditions. These conditions, which can include potholes, puddles, or icy patches, can be hidden dangers that cause vehicles to lose traction or sustain damage.

Even careful drivers can cause car crashes when these types of conditions exist. However, distracted driving has been linked as the cause of the majority of parking lot hit-and-runs and accidents. The National Safety Council (NSC) estimates that around two-thirds of all motorists who enter parking lots do so while distracted. Distracted driving, while always dangerous, is especially risky in parking garages and lots because slower speeds tend to give pedestrians and drivers a false sense of security.

How Distractions Can Lead to Parking Lot Accidents

In an NSC public opinion poll, 66% of drivers nationwide said they would make phone calls while driving through parking lots. Respondents also said they would:

• Program GPS systems (63%)
• Text (56%)
• Use social media (52%)
• Send or receive emails (50%)
• Take photos or watch videos (49%)

Distracted driving is dangerous when moving in confined spaces. People walking in parking lots rely on drivers to watch out for them. When you’re distracted, you might not notice someone crossing your path. Staying focused helps you ensure they get to the other side safely.

Proving Fault

When determining who is at fault for parking lot accidents, it is important to remember that the rules of the road still apply when navigating a parking lot. This means you should follow stop or yield signs and understand when another driver has the right-of-way. Drivers who violate the rules of the road will likely be found liable.

• If you are backing out of a space and strike another vehicle, whether that vehicle is moving or stationary, you will likely be the one found at fault.
• If both you and the other driver were backing out of a space, no fault may be found.
• If you strike a vehicle that is legally parked, whether you are moving or open your door into it, you will probably be found at fault.
• If you do not make an effort to locate the owner of the car, you could be charged with a hit-and-run.

In the case of a pedestrian accident, you are more than likely to be found at fault unless the pedestrian was negligent in some way, such as stepping into the path of your car or ignoring safety measures.

As touched on above, in certain instances, the parking lot owner may be held liable for your injuries, too, as hazards cause crashes as well. Talk to the reliable PA car accident lawyers at Scartelli Olszewski, P.C. to understand your options.

What Happens If I am Involved in a Crash?

Follow normal post-accident protocol: call the police, ensure you are not hurt, and take any necessary photos. Then make sure to exchange insurance information with the other driver involved. If possible, gather witness accounts and document the scene. These steps can lay the groundwork for a smoother claims process, especially for parking lot hit-and-runs.

In cases where the fault is disputed, seeking legal advice becomes essential. Consider consulting a knowledgeable car accident lawyer in Pennsylvania. They can navigate the complexities, advocate for your rights, and help you pursue fair compensation.

Turn to the Car Accident Attorneys of Scartelli Olszewski, P.C. Today

A skilled car accident lawyer can be your ally in ensuring a fair resolution and protecting your rights. If you have been involved in a car crash in a parking lot, speak to an experienced personal injury attorney at Scartelli Olszewski, P.C. today. We will review the circumstances of your case and work with your insurance company to determine who is responsible for the damages.