Who’s Liable for a Parking Lot Accident? 4 Different Scenarios
If you’re involved in a parking lot accident, you may be wondering who is liable for the damages. The answer depends on the circumstances of the accident. The law regarding liability for parking lot accidents can be confusing and complex, making it difficult to determine who is responsible for the damages.
That is why you might want to discuss your specific case with an experienced lawyer. Our Boca Raton parking lot injury lawyers at Leifer & Ramirez can help you investigate the circumstances of your accident and determine who can be held liable.
Liability in Four Different Parking Lot Accident Scenarios
Let’s take a look at four different scenarios to help you understand who may be held liable for causing a parking lot accident.
1. A Collision Involving Two Vehicles, One in Motion
If one vehicle is in motion and collides with a stationary vehicle, the driver of the moving vehicle will likely be held liable. This is because it is the driver’s responsibility to maintain control of their vehicle and avoid collisions.
2. A Collision Involving Two Vehicles, Both in Motion
If both vehicles are in motion and collide with each other, liability may be split between the two drivers if both drivers are considered to be at fault for failing to avoid the collision. Drivers must follow right-of-way rules when driving through a parking lot. If a driver fails to follow these rules, he/she may be held fully liable for causing the collision.
Note: On March 24th, 2023, Governor Ron DeSantis signed House Bill (HB) 837 into law. It is a tort reform package that makes Florida a modified comparative negligence state instead of a pure comparative negligence state. You can still pursue compensation if you are partially at fault for a parking lot crash, but only if you are found liable for 50 percent of the accident or less.
3. A Single-Vehicle Collision
If a vehicle collides with a stationary object without any other vehicles being involved, the driver will likely be held liable. This is because it is the driver’s responsibility to maintain control of their vehicle and avoid collisions.
4. A Car-Pedestrian Collision
If a car strikes a pedestrian, the driver will likely be held liable. This is because drivers have a responsibility to yield to pedestrians and exercise caution when driving near them. The only exception may be if the pedestrian darts out into the vehicle’s path, making it impossible for the driver to stop in time to avoid a collision.
Can the Parking Lot’s Property Owner Be Held Liable?
In some cases, property owners can also be held liable for a parking lot accident. This is especially true if there are hazardous conditions present due to poor maintenance or inadequate design. For example, if a pothole caused one driver to lose control and collide with another vehicle or object on the property owner’s premises, the owner may be held responsible for the resulting damage or injury. It is important that property owners take reasonable steps to ensure that their premises are safe and free from hazards that could lead to an accident occurring on their property.
Discuss Liability in a Parking Lot Accident with a Lawyer
If you’re involved in a parking lot accident, the determination of liability will depend on the specific circumstances of the accident. In most cases, either one driver will be completely responsible or liability will be split between two drivers. A property owner may also be held liable in some cases.
If you have any questions about liability in your specific situation, it’s best to speak with our lawyers at Leifer & Ramirez who can advise you of your legal rights and options. Call 561-660-9421 for a free, no-obligation consultation.
We serve clients throughout the state of Florida, including Boca Raton, Delray Beach, Pompano Beach, Deerfield Beach, Fort Lauderdale, and West Palm Beach.