Although most drivers think of highway crashes caused by speeding or going the wrong way, a surprising number of collisions occur at just a few miles per hour in parking lots. There are numerous distractions and unexpected hazards, leading to fender benders and even more serious accidents. Below, a skilled Lubbock car accident lawyer from Liggett Law Group discusses who has the right of way in a parking lot in Texas and what to do if you’re a victim.
Parking Lot Right-of-Way Depends on Who Is Entering a Traffic Lane
Much like driving on a road or highway, all drivers who are trying to enter a traffic lane in a parking lot must yield the right-of-way to those already in the lane. Most parking lots will have arrows painted on the ground indicating the direction of travel, along with stop signs or other indicators. You must follow the same traffic rules as if you were on a street.
Suppose you are shopping at a large mall that has a road circling the entire parking lot that allows motorists to enter parking aisles at any time. If you’re attempting to enter the road from an aisle, you must wait until the way is clear before you turn. Drivers traveling on the road can turn into an aisle at their discretion.
Car accidents in this situation are actually rare. It’s when people are backing out, searching for a spot, or otherwise moving in a parking lot that problems arise.
Negligence Plays a Big Part in Parking Lot Accidents
Many drivers let their guard down in parking lots because they think of them as relatively safe places since no one is going very fast. However, you not only have to watch out for other vehicles, but also for shopping carts, pedestrians, potholes, debris, ice, and other hazards. The National Safety Council (NSC) reports that 1 out of every 5 car accidents (20%) happens in a parking lot.
These crashes happen due to drivers who engage in negligent behaviors, such as:
- Adjusting their GPS (63%)
- Taking pictures or watching videos (49%)
- Using email or text (50%)
- Browsing social media (52%)
The NSC report also found that 66% of drivers believe making phone calls while driving through a parking lot is safe, and 56% believe texting carries no risk. These activities cause distraction, meaning a driver might not see a pedestrian walking close to their vehicle. They may also fail to see another car exiting a parking space or crash into a vehicle that is waiting to enter a parking spot.
Children Are Especially Vulnerable Victims in Parking Lots
The saddest cases we see involve children who are hurt in parking lot accidents. Young kids are not only much smaller than adults, but they are also prone to suddenly dashing away from their car or caregiver. This behavior can lead to them running in front of a vehicle or suddenly appearing from between parked cars, when motorists have very little time to react.
This is especially true for children around large trucks, which are increasing in size and weight every year, according to Consumer Reports. New models have front blind spots about 11 feet longer than the average sedan. With hood heights of 40 inches or higher and averaging over 1,000 pounds heavier than a passenger car, pickups with blunt front profiles are 45% more likely to cause a pedestrian fatality, the Insurance Institute for Highway Safety (IIHS) found.
Children are also more likely to die after getting hit by a large vehicle, even at low speeds. This can lead to a wrongful death action by family members to recover compensation for grief, funeral costs, and the loss of a child. Our wrongful death attorneys can assist with these complicated claims and ensure those at fault receive justice.
Common Parking Lot Accident Situations
Driving in a parking lot presents different challenges than those on highways. You often have slow-moving vehicles concentrated in a smaller area, along with unpredictable events. Here are some common circumstances that lead to injury and property damage in parking lots:
- Backing out of a space and hitting your car’s front end because another driver was distracted by their cell phone
- Running into your car door while entering the space next to you because they were talking to a passenger
- Hitting a shopping cart and causing it to hit your vehicle
- Failing to drive slowly when pedestrians are crossing from the lot to businesses
- Disobeying yield and stop signs before entering a traffic lane
- Speeding and driving aggressively
- Failing to check all blind spots, mirrors, and onboard cameras before moving a vehicle
- Driving the wrong way on a narrow parking aisle, leading to a head-on or sideswipe collision
- Cutting through a parking lot to avoid a traffic light or a congested roadway, which is illegal under Texas law
These issues often multiply inside parking structures due to limited sight lines, inability to back up or exit due to congestion, and pedestrians gathering around elevators or stair access points. Garage entrances and exits can be challenging as drivers search for their keycards, prepare to take a ticket, or look for payment to leave. Finally, dim or inadequate lighting, especially in underground parking structures, can make it hard to see pedestrians and other vehicles in time to avoid a crash.
Ways to Avoid Getting Hurt in a Parking Lot Collision
There are two main scenarios you need to defend against in parking lots or garages: getting hurt in a vehicle and getting hurt as a pedestrian. Here are some suggestions from our car accident attorneys for avoiding harm in both situations:
In a vehicle:
- Do a quick walkaround before entering your vehicle to identify any debris under your tires or near your vehicle that could cause damage.
- Park farther away to reduce the chance of others parking close to your vehicle.
- Check your mirrors and cameras, but always turn to look directly behind and to the sides of your vehicle for people or objects.
- Drive slowly and always yield the right of way to pedestrians.
- Keep your eyes on the road, watching for pedestrians or vehicles to unexpectedly enter your path.
- Come to a complete stop when required and look for traffic before proceeding.
- If you’re competing for a parking spot with another driver, it’s often best to find another space rather than getting into a potentially aggressive situation.
- Keep your seatbelt on and don’t allow children to exit or unbuckle their car seats until you have parked.
As a pedestrian:
- Always look both ways before crossing any area where cars travel.
- Use crosswalks when possible, which are usually marked with stop or yield signs.
- Avoid walking in the middle of a traffic lane.
- Hold onto small children or those who need guidance so they don’t mistakenly enter a traffic lane.
- Don’t stand in parking spaces, since drivers may not see you until it’s too late.
- Walk on sidewalks where provided.
- Remember that it’s better to be safe than right when it comes down to whether a driver will give you the right-of-way.
If you do get hurt, take photos of your injuries, the vehicle, and anything else that tells your story. Treat the situation as you would an accident on a highway by calling 911 for first responders. Exchange contact and insurance information with the other party as required by Texas law, talk to the police, and then get evaluated for any possible injuries.
Your Rights as a Victim of a Parking Lot Accident
If you or a loved one is injured or has property damage from a parking lot collision, you have the right to collect evidence at the scene and pursue compensation. The state of Texas requires all drivers to carry liability insurance to pay for bodily injury and property damage they cause to others. You can file a claim against the at-fault driver’s policy for a minimum of $30,000 for injuries (up to $60,000 per accident) and $25,000 for vehicle repair.
You also have the right to negotiate a fair settlement with the insurance company, since they may start with an offer that doesn’t meet your needs. You can also hire a car accident attorney to handle this process on your behalf and push for a better offer. If necessary, your lawyer may advise that you file a personal injury lawsuit to encourage a better settlement.
In the event the insurance provider won’t meet your demands, you can then proceed to court. At that point, you must demonstrate how they neglected their duty to drive safely and directly caused your injuries or damage. In a lawsuit, you can seek compensation for the full cost of your losses, including lost income, diminished quality of life, and other factors associated with your pain and suffering.
Contact a Parking Lot Accident Lawyer
Getting hurt in any car accident is upsetting and potentially life-changing. You could suffer traumatic brain injuries, back or spinal damage, or even lose a limb in severe circumstances. You don’t have to face the legal and insurance processes alone when you contact Liggett Law Group to speak with a Lubbock car accident lawyer.
Our team of personal injury attorneys has over 7 decades of combined experience. We prioritize your interests and always seek maximum compensation so you have the resources you need to recover. Contact us to arrange a free consultation and learn more about your options today.