Who Do I Sue if I'm Hit in a Parking Lot?

Who Do I Sue if I'm Hit in a Parking Lot?

Before we get our driver license, we have to pass the written test. And of course, the road test follows that. When we study for our written test, we learn all about the “rules of the road” and who has the right of way at intersections with stop lights and stop signs. But we don’t learn very much about the “rules of the road” in a parking lot, so it can be a bit confusing if you’re in such an accident.

It’s not uncommon for people to get in a fender bender in a parking lot and wonder, “Who do I sue if I’m hit in a parking lot? The other driver or the property owner?” In this article, we explain who to sue if you’re hit in a parking lot, whether it’s for a superstore, a mall, an office building, a restaurant, or another commercial property.

Who Has the Right of Way?

When it comes to parking lot accidents, the good news is that people aren’t usually driving very fast, but that doesn’t mean that parking lot accidents don’t involve damages because they usually do. In light of that, it is important for insurance companies to determine which driver is to blame for the crash.

To assign fault or blame for an accident, it comes down to the “right of way rules.” Generally, the vehicles that are moving in “through traffic” have the right of way. Example: Imagine that “Sue” pulls out of a parking space, drives to the end of the parking lane and drives out in front of a car that’s driving in the through lane.

In this case, Sue would be liable because she was supposed to stop and yield to oncoming traffic, but instead she drove in front of another car that was driving by. However, if a driver in a through lane ignores a STOP or YIELD sign, then that would be an exception to the rule.

“What about back-up accidents?” When one driver is backing out of their parking spot, the other driver is supposed to take precaution and watch out for other cars that are backing out of parking spaces. If someone is backing out of a spot and another driver fails to notice or they try to speed by and they cause a crash, usually the person who strikes the car that is backing out is at-fault.

When both cars are backing out at the same time, it can be harder to determine fault. If you were in such an accident, do not assume you were at-fault just because you struck another vehicle while you were backing out of a parking space.

Related: Does Car Insurance in Texas Follow the Driver?

Involved in a parking lot accident in Plano? Contact The Zendeh Del Law Firm, PLLC immediately to file a claim for compensation.