When exiting a parking space, drivers must yield right of way to passing vehicles and pedestrians. If they collide with a pedestrian or another vehicle while backing out, they will almost always be held accountable. There may be exceptions, such as when the oncoming vehicle was speeding or the pedestrian was particularly careless.
Do Drivers Have the Right of Way When Exiting a Parking Space?
Vehicles that have been parked and are pulling out of a parking space do not have the right of way. They must yield to vehicles moving through the parking lot. They must also yield to pedestrians. However, parking lots are notorious for having a lot of activity. They are also densely packed with parked cars, resulting in poor visibility and numerous blind spots. This can make seeing oncoming traffic through the other parked cars difficult. Nonetheless, drivers backing out of a parking spot have a legal obligation to do so safely. They are usually liable if they hit another car or a pedestrian. They can be made to compensate the parking lot accident victim. There are, however, exceptions.
What Are Some Examples of Negligence?
In a case involving an auto accident, disregard for certain driving regulations may be used as proof of negligence. The assessment of responsibility for the incident may be significantly impacted by that finding of negligence. If the driver or pedestrian who was hit was acting inappropriately, their share of the blame may be greater than the driver pulling out of the parking spot. Their carelessness can manifest itself in a variety of ways, including:
- DUI at the time of the crash
- Pedestrians who saw you backing out and intentionally hit you
- Drivers speeding and being negligent of other drivers in their parked vehicles, leaving them little time to see them coming
- People running through the parking lot ignorantly
- Drivers driving through vacant parking spaces rather than the lane between them
The person hit by the car pulling out may have contributed to the accident in these cases. If they hire a car accident lawyer to file a personal injury lawsuit against the driver who pulled out, shared fault rules such as comparative negligence may reduce or eliminate their compensation.
Who has the Right of Way and Who is the Liable Party?
Usually, both parties are at fault when two vehicles back out simultaneously in different directions and collide. If acceleration and impact was striking at high speeds, it is possible for both drivers to be impacted and injured. However, injuries may vary. In any case, it is crucial to contact your attorney and find out if you are able to receive compensation for your loss.
Those in parking spaces must yield to those in the main lanes, meaning, the driver coming from the traffic flow has the right of way. In other words, the driver in the main lane has priority over individuals exiting parking spaces. On the traffic flow, alternatively, this hierarchy is based. When pulling out of a parking space, parked automobiles yield to moving vehicles. Moving cars in the main lane of traffic must yield to stationary vehicles during the time of traffic. All cars, however, have to stop for pedestrians. Parking lots are always one-way for pedestrians. They can still cause an accident though, by acting inappropriately.
In parking lots, there is a standard regulation for the speed restriction. This is done to give drivers ample time to brake and avoid an accident in a parking lot. Certain parking lots have their own right-of-way guidelines. These must be clearly visible on street signs or painted on the pavement. These might, for instance, lower the speed limit or change who gets the right of way.
How Common are Parking Lot Collisions?
Parking lot collisions happen frequently and can be incredibly serious. A tendency to drive while distracted in a parking lot is a major contributing factor to the large number of these accidents. Driving with any distraction can lead to serious or even fatal injuries, especially to vulnerable victims. Many victims in parking lot accidents are children. Because of their short height, even an attentive driver backing up from his or her parking spot are often unable to see young kids. Additionally, children frequently run through parking lots, making it difficult for drivers to predict their location. The family of the victim may bring a wrongful death claim if there has been a tragic parking lot collision involving a vehicle or pedestrian.
In order to obtain compensation from the party at responsibility if you were injured in a busy parking lot, you might think about creating an attorney-client relationship with a personal injury lawyer. If you have been involved in a collision in a parking lot, call Kaass Law at 310.943.1171.