Who Is At Fault in a Parking Lot Backing Out Accident?
For most folks, the goal when pulling into a parking lot is to find a spot that is closest to your destination. That might take a few loops around the lot, but it will be worth it if you can score that sweet spot. Unfortunately, the parking lot is also the zone where tens of thousands of crashes occur each year. That is according to information provided by the National Safety Council (NSC). That brings up the issue of who is at fault in a parking lot backing out accident.
Speeding is rarely an issue in parking lot accidents. However, there are plenty of other distractions. The NSC conducted an opinion poll that had 66% of respondents admitting they make phone calls while driving through parking lots. Here are the other reported distractions:
- 63% use GPS systems
- 56% sent texts
- 52% are on social media
- 50% send or read emails
- 49% take photos or watch videos
That is a lot of distractions that can lead to collisions. Determining who is at fault in a parking lot backing out accident depends on the situation.
Determining Fault for Your Wreck
A parking lot wreck is one of those situations where retaining the services of an experienced car crash attorney in Jackson, MS can be a big help. Your lawyer will help determine who is at fault by looking at two main elements: Whose car was moving, and which driver had the right of way.
If only one car is moving, the driver of that vehicle would be at fault for the collision. The exception to this rule would be if the parked car was parked illegally. In that case, that car owner would be liable for the damages. If both cars are moving, then the same rules of right of way on the road would apply to parking lot lanes.
Exiting a Parking Space
The Mississippi Department of Public Safety is very specific about who is at fault when a collision occurs when exiting a parking space. Here is what they say in their driver’s manual:
“The driver leaving a parking space does not have the right-of-way. Be careful not to cause a traffic accident. Before you drive the vehicle out of the parking space, be certain the way is clear of any traffic or pedestrians. You must YIELD to any oncoming traffic.”
That rule applies to pulling out of any type of parking spot, whether you are head in, backed in or parallel parked.
What about the scenario when two cars are pulling out of a parking spot from opposite sides of the lane? The simultaneous backup is a common type of parking lot accident. In this case, it is accepted that the car that started to pull out first would have the right of way. Of course, in this situation, both drivers would claim they were driving out first.
The only way to resolve this issue might be with independent witnesses or photos that detail one car further out of the space than the other. Because Mississippi is a pure comparative negligence state, both drivers in a simultaneous backup accident could share the blame for the accident.
Traveling in Parking Lot Lanes
Every parking lot has lanes. Sometimes, the lanes are one way, while others are wider and have both directions. A car that is driving in the through lane has the right-of-way. However, that driver needs to obey any “stop” or “yield” signs just as they would on the road outside of the parking lot.
Sorting Out Fault for Your Mississippi Auto Collision
When it comes to sorting out the parking lot collision, the attorneys at Pittman, Roberts & Welsh, PLLC can provide the guidance to sort out the situation. We have years of experience analyzing traffic accident evidence to help determine who might be at fault. We offer support to our clients to help them decide on the best course of action to receive fair compensation for their damages.
Call to set up a free consultation to discuss what happened.
