A parking lot may be one of the last places you’d expect to get hurt in a car accident, but parking lot collisions are surprisingly common. The National Safety Council (NSC) reports that there are tens of thousands of parking lot accidents every year, resulting in hundreds of deaths and thousands of injuries.
Not only that, but determining fault in a parking lot accident can be tricky for a variety of reasons. Find out the top five things you need to know if you have been injured in a Tennessee parking lot accident from our Nashville personal injury lawyers.
#1: Rules of the Road Don’t Always Apply
Tennessee doesn’t have any parking lot accident laws on the books, and the statutory rules of the road don’t always apply to parking lots. This is because most parking lots are private property that are not maintained by any city, county, or state. Thus, any “rules of the road” in a private parking lot are at the discretion of the property owner.
Of course, drivers and pedestrians are still expected to obey stop signs, yield signs, posted speed limits, and any other signage or road striping, such as crosswalks. Although a traffic cop might not be able to ticket you for blowing through a stop sign in a shopping center, if you hit someone because you failed to stop, you’d most likely be considered at fault for the accident.
Note: Certain traffic offenses—namely drunk driving and reckless driving—are still enforceable by police, even on private property.
Other rules for driving in parking lots involve common sense and common courtesy. For example, it is generally assumed that vehicles in a through lane have the right of way, while vehicles pulling out of a parking lane should yield the right of way. Similarly, if two people are backing out of parking spots, the person who started backing out first would have the right of way.
The most important thing to remember is that just because someone is in a private parking lot doesn’t mean they can’t be held liable for negligence or recklessness. Whether you are a pedestrian, bicyclist, or motorist, you must take the prudent steps that any reasonable person would take to keep themselves and others safe. When negligence results in injury, the person responsible or their insurance company may be financially liable.
#2: You Can Report Parking Lot Accidents to Police
Some people mistakenly assume that if a car accident happens in a private parking lot, police won’t show up to make a report. In truth, Tennessee police will respond to parking lot accidents if someone has been injured or if a crime has been committed. Because so many parking lot accidents are minor and result in little to no damage or injury, taking this step might not always be necessary.
However, if you have suffered an injury, are involved in a hit and run accident, or the other driver seems intoxicated or may have otherwise broken the law, you should report the accident to police. If you or someone else has been injured, be sure to also seek medical attention as soon as possible.
Even if police don’t respond to your accident, you still have the option of calling your local police department to report it. Keep in mind that you’ll also need to file an accident report with the Tennessee Department of Safety and Homeland Security within 20 days if the crash resulted in injury, death, or more than $1,500 in property damage.
#3: Proving Who Was at Fault May Be More Difficult
Some accident types follow typical fault patterns just as they would on the road—for example, a rear-end collision is usually the lead driver’s fault, even in a parking lot. But in less straightforward accidents, if police didn’t get involved and no one was issued a traffic citation, you may have a harder time proving to the insurance company that it was the other driver’s fault. The insurance company may also argue that it’s impossible to say who had the right of way.
A common parking lot accident occurs when a driver reversing out of a parking spot cannot see a person walking behind their vehicle and strikes them. On one hand, the driver should have been looking out for anyone or anything in the through lane. But on the other hand, the pedestrian also has the responsibility to exercise due care when walking through a parking lot. If the pedestrian wasn’t paying attention while walking, it could amount to negligence.
(It’s important to note that even if this is the case, comparative negligence laws still allow many injured victims to claim partial compensation if they are not the party who bears the majority of the responsibility.)
For these reasons, gathering as much evidence as you can is imperative. A police report is a good place to start. If there were witnesses who saw the accident, try to obtain their contact information and/or ask if they’d be willing to give a statement.
Another potential tool is photographs, video surveillance footage, or dash camera footage. Many shopping centers are outfitted with security cameras, one of which may have captured what actually happened. A personal injury attorney can assist you in contacting witnesses and obtaining video footage of your accident, both of which can strengthen your claim.
#4: There May Be Other Liable Parties
Drivers, bicyclists, motorcyclists, pedestrians, or others directly involved aren’t always to blame in a Tennessee parking lot accident. Sometimes, the property owner or property manager themselves may be fully or partially to blame. This may be the case if you slip and fall on an icy sidewalk, your view of traffic signals is obstructed by overgrown trees or vegetation, there’s insufficient lighting, or because of inherent flaws in the design of the parking lot.
If you feel that your accident may have been the result of negligence on behalf of more than one party or a property owner, you should know that you could be entitled to additional compensation.
#5: A Car Accident Attorney Can Help You Win Your Case
If you or a loved one has been injured in a Tennessee parking lot accident, legal help is available. With a Nashville car accident lawyer, you’ll have a trusted representative who is dedicated to getting you the maximum amount of compensation. From your first contact with an insurance adjuster to the day you receive your settlement check, Lerner and Rowe Injury Attorneys will be with you every step of the personal injury claim process.
To learn more about filing a claim and to schedule your free, no obligation consultation with our legal team, give us a call at 615-333-8888. Representatives are standing by 24/7 to help via phone or LiveChat. You can also request your free case review online by submitting this form.