When people think about car accidents, the most common scenario involves vehicles colliding on roadways. But accidents off of roadways, such as parking lot accidents, can cause just as much stress. Determining fault in these situations can be especially tricky due to the unique nature of parking lots. That’s why it is so common for people involved in parking lot accidents to have questions about how fault is determined and what steps to take after a parking lot accident.
This informative overview will break down how fault is assigned, what evidence you need, and what to do if you’re involved in a parking lot accident in Florida. This includes exploring specific scenarios like when one or both vehicles are backing up, hit-and-run situations, and what to do if no police report is filed. Finally, we will discuss how working with a car accident attorney can help you navigate these often complex situations.
Who is at Fault in a Parking Lot Accident in Florida?
Parking lots are typically private property, which can complicate fault determination. In general, all drivers owe a duty of care to operate their vehicles safely, but factors such as signage, lighting, and property conditions can also play a role. Liability in a parking lot accident in Florida usually depends on negligence, and proving negligence requires establishing four elements: duty of care, breach of duty, causation, and damages.
Several parties may share responsibility for a parking lot accident, including:
- Property Owners: Responsible for ensuring the parking lot is well-maintained, well-lit, and safe for drivers and pedestrians.
- Drivers: Expected to follow posted speed limits, observe signage, avoid distractions, and yield to pedestrians.
- Municipalities: For public parking lots, municipalities are obligated to maintain public parking areas, including marking lanes, installing working lights, and placing necessary signage.
Factors Determining Fault for Parking Lot Accidents in Florida
Determining fault in a parking lot accident in Florida can be more complex than collisions on the road, as multiple factors and parties may be involved. Various circumstances such as the actions of the drivers, the condition of the parking lot, and potential negligence all play a role in assigning liability under Florida law.
One Person Backing Up
If one driver is backing up while the other is stationary, the driver in reverse is often found at fault. Drivers are expected to look carefully before backing out checking mirrors and blind spots for oncoming cars or pedestrians. However, other factors, such as poor lighting or obstructed views, could influence liability. If the parking lot owner failed to provide adequate lighting, they could share responsibility.
Both Drivers Backing Up
When two cars are backing out at the same time and collide, fault may be shared between both drivers. Each driver has a responsibility to ensure the area behind their vehicle is clear. Florida law doesn’t specify this situation directly, but under the principle of comparative negligence, both drivers may be held partially responsible for failing to take proper precautions.
Hit-and-Run in a Parking Lot
A hit-and-run occurs when a driver causes an accident and leaves the scene without providing their information. In Florida, leaving the scene of an accident can result in criminal charges, including fines, license suspension, and even jail time. If someone hits your car and leaves without notice, try to gather as much information as possible, including any eyewitness accounts or surveillance footage from nearby businesses.
Hitting a Parked Car
If you hit a parked car, you are legally required to attempt to locate the vehicle’s owner or leave a note with your contact information and a description of the accident. Failing to do so can result in a misdemeanor charge and penalties like fines or jail time. Always report the incident to the nearest police station, even if it seems minor.
Parking Lot Accidents in Florida With No Police Report
In some cases, parking lot accidents may not meet the threshold for filing an official police report. According to statute 316.066, Florida law only requires a police report if:
- There are injuries or complaints of pain.
- A vehicle is so damaged it needs to be towed.
- One or more drivers were under the influence of drugs or alcohol.
- The accident involved a commercial vehicle.
- A fatality occurred.
If none of these conditions apply, a police report may not be necessary, but it’s still a good idea to document the accident thoroughly. Take pictures of the damage, gather witness statements, and exchange information with the other driver. This documentation can be useful when filing an insurance claim.
How Insurance Companies Determine Fault
Insurance companies typically determine fault by conducting a thorough investigation. This process, known as discovery, involves gathering evidence like surveillance footage, witness statements, and sometimes even expert testimony. If both parties share fault, Florida’s comparative negligence laws come into play, reducing compensation proportionally based on each party’s level of responsibility.
For example, if both vehicles were backing up and the insurance company determines that one driver was 60% responsible while the other was 40% responsible, each driver would be compensated based on their percentage of fault.
How an Attorney Can Help in a Parking Lot Accident in Florida
Parking lot accidents may seem minor, but the legal complexities involved in determining fault and liability can be challenging to navigate alone. Here’s how an attorney can help:
- Investigating the Accident: Attorneys can gather crucial evidence like surveillance footage, witness statements, and expert opinions to build a strong case.
- Negotiating With Insurance Companies: Insurance companies aim to minimize payouts, and an experienced attorney can negotiate on your behalf to ensure fair compensation.
- Filing a Lawsuit: If the case involves complex issues of liability or significant damages, an attorney can represent you in court to help recover the maximum possible damages.
- Handling Comparative Negligence: In Florida, if you’re found partially at fault for the accident, an attorney can argue to minimize your percentage of liability, increasing the amount of compensation you can recover.
Getting the Best Outcome for a Parking Lot Accident in Florida
Parking lot accidents may not seem as serious as those that happen on the road, but they can be just as complicated when determining fault. Whether it’s a case of one or both drivers backing up, or a hit-and-run, understanding how liability is determined and what steps to take can help protect your rights. If you’re involved in a parking lot accident in Florida, thorough documentation and legal guidance can make all the difference in ensuring you’re treated fairly.
If you’re unsure about the next steps or dealing with insurance companies, consulting with an attorney can provide clarity and help you secure the compensation you deserve.
Contact Clark Hartpence Law Today for a Free Consultation
If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Clark Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.
If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.