Parking Lot Accidents: Who’s at Fault in Washington?
Car crashes don’t only happen on the roadway. They can also occur in parking lots and parking garages. According to statistics collected by the Insurance Institute for Highway Safety, parking lot collisions make up 20% of all reported vehicle crashes nationwide. If you were hurt in a parking lot accident, it’s important to understand that you may be entitled to hold the at-fault party accountable for the damages you suffered by filing a personal injury action.
How are Parking Lot Accidents Different from Roadway Accidents?
There are several key differences between parking lot accidents and roadway car crashes that can impact a personal injury claim. Notably, roadway accidents occur on public roads which are governed by state traffic law. The same regulations typically do not apply in parking lot collisions since they take place on private property. In addition, law enforcement rarely responds to accidents in parking lots, which means a police accident report may not be generated to document the collision.
The circumstances surrounding a parking lot accident are often unique, compared with roadway crashes. Parking lots are usually confusing environments with cars and pedestrians moving in many different directions. It can also be difficult to see oncoming vehicles while backing up. In addition, drivers are often in a hurry in parking lots, which can increase the risk of collisions.
Common Causes of Parking Lot Accidents
A parking lot accident can be caused by a variety of hazards including inclement weather, poor maintenance, and pedestrian congestion. They can also occur due to preventable driving behaviors and driver negligence. For example, vehicles can collide when they are backing up at the same time or drivers are competing for a space. Other common causes of parking lot accidents include:
- Lack of lane markings or signage
- Poor lighting and visibility
- Failure to yield
- Driver error
- Distracted driving
- Reckless driving
- Potholes, debris, and uneven surfaces
- Following too closely
- Inattention while reversing
Many of the same types of accidents that happen on roadways can also happen in parking lots. These can include rear-end crashes, head-on collisions, sideswipes, T-bone collisions, and pedestrian knockdowns. If you can establish that another party is at fault for the injuries you suffered in a parking lot accident, you may be entitled to recover both your economic and non-economic damages in a personal injury action.
Who’s Responsible for a Parking Lot Accident?
The injuries sustained in a parking lot accident can be just as severe as those that arise from a roadway collision. Since the rules of the road do not apply, one of the biggest challenges in a parking lot accident is proving fault. While a parking lot accident victim cannot always rely on another party’s violation of a statute to establish liability, a detailed investigation into the facts of the case is often necessary.
Depending on the facts and circumstances of the accident, there are several parties who may be at fault for a parking lot accident in Washington, including the following:
- Negligent driver: A driver may be responsible for a parking lot accident if their negligent or reckless actions caused or contributed to the crash.
- Driver’s employer: If a driver was acting in the scope of their employment at the time the parking lot accident occurred, they may be held liable under the doctrine of respondeat superior.
- Vehicle manufacturer: In the event the accident was caused by a defect in the vehicle or a faulty part, the manufacturer may be held accountable for any accident-related injuries that arise as a result.
- Passenger: In rare cases, a passenger may be held accountable for a parking lot accident. For example, if they opened a car door and struck a passenger or oncoming vehicle, they might be to blame for any resulting injuries.
- Pedestrian: While pedestrians generally have the right of way in parking lots, they must still use due care. A pedestrian may be at fault if it can be shown that they acted negligently by being distracted or careless.
- Property owner: A property owner can be held accountable for a parking lot accident if their failure to properly maintain the premises lead to the crash.
It’s essential to have strong evidence to prove liability for a parking lot accident. Eyewitness testimony, vehicle event data recorder logs, accident reports, dashcam footage, surveillance camera footage, vehicle maintenance records, and accident reconstruction expert reports are some examples of evidence that can be used to establish another party’s fault for your injuries. A skillful personal injury attorney can assist you with collecting the evidence you need to hold the at-fault party accountable for the harm you suffered.
Contact an Experienced Washington Personal Injury Attorney
If you have sustained injuries in a parking lot accident, an experienced personal injury attorney can help you obtain the compensation you deserve. With locations in Burien and Bellevue, Herron Law Office, PLLC is dedicated to helping Washington car accident victims secure the maximum monetary recovery available in their cases. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.
