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Who is at fault in a parking lot accident? The person at fault is the individual who failed to yield the right of way to a vehicle. Proving fault in a parking lot accident is challenging and requires careful consideration of various scenarios with the help of a Providence car accident lawyer.
The following factors may play a role in determining who is at fault in a Rhode Island parking lot accident.
Moving Car is Often at Fault
One of the key components of proving fault in a parking lot accident is to understand what each party was doing at the time of the accident. Beyond other factors, it is often the driver of the moving vehicle who is at fault if the other vehicle is stopped.
If a moving vehicle collides with a parked car, the driver of the moving vehicle is typically at fault. That applies even in situations where the parked vehicle is not in a safe location or is illegally parked. If the driver of the moving vehicle had no way of knowing the parked vehicle was present, the driver of the parked vehicle may hold some level of responsibility.
If, for example, a person is turning from one aisle to the next and strikes a parked car in the curb lane, the driver of the moving vehicle is likely at fault. The other driver was seen and not moving at the time of the accident. Speak with a Providence personal injury lawyer today.
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The Driver with the Right of Way
When both vehicles are moving or the other party is a pedestrian, the party with the right of way typically is not at fault. Right of way indicates that the driver should have the ability to navigate the roadway before the other.
Some factors to consider in this include the following:
- Pedestrians in a parking lot are always considered to have the right of way, especially if they are in a crosswalk.
- Vehicles in the main aisle in a parking lot have the right of way over vehicles that are in smaller side lanes.
- When two vehicles are at an intersection in the parking lot, the driver who arrives at the intersection first has the right of way, or, if both arrive at the same time, the driver to the right has the right of way.
- In backing out accidents, drivers must yield to all other moving vehicles and pedestrians before moving in reverse, and if they fail to do so, they are at fault.
- When turning from a parking space into the lane of traffic, through traffic, or the cars in the lane of traffic, they have the right of way before the parked car can pull out.
If present, all traffic signals and signage should apply, meaning that each party should follow the directions posted for navigating the parking lot. When this does not happen, the party that failed to abide by the rules posted may be held accountable for the injuries and losses to others. Failure to yield the right of way is a common reason for parking lot accidents. Our client case results tell our successes.
Who is at Fault in a Parking Lot Accident: Property Owners for Unsafe Conditions
In some situations, a parking lot accident happens as a result of hazards on the property. Under premises liability law, victims can seek compensation for losses against the property owner if the property owner fails to ensure their property is safe or fails to warn of risks. There are many instances in which victims suffer injuries as a result of the negligence of owners, such as:
- Poor lighting leads to a crash.
- Tripping hazards are present and not repaired.
- Walkways are debris-filled or slippery due to ice or snow.
- Potholes are not marked or repaired.
- There is a lack of clear signage or direction on proper movement through the parking lot, which can lead to accidents.
Proving premises law violations can be challenging because victims must demonstrate that the owner knew of the risk or should have known of the risk and failed to take action to remedy it or warn of it. If you believe the parking lot owner could be liable, it is critical to seek legal support to build a claim based on evidence to prove your case. Proving this type of claim can be challenging in many situations.
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Backing Out Accident Complexities
One of the most complex aspects of parking lot accidents happens when two cars back up at the same time and collide with each other. In most situations, the car that was moving first has the right of way. However, it can be challenging to know who was engaged in driving the car before the other, making these types of accidents complex.
If there are witnesses to the accident who saw one vehicle move before the other or other negligent acts happen, it may be possible to prove who is at fault. In some situations, both parties may believe they had the right of way and, therefore, that the other is at fault.
In situations like this, where both parties could be at fault and there is little information to use, it helps to know that Rhode Island operates under a pure comparative negligence system, which means that no matter how much fault you have, you can still file a claim against the other driver. If one driver is considered 90% at fault, they can still seek compensation for that 10% of fault from the other driver. This can help to ensure you have the financial compensation necessary to build your case.
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Seeking Legal Action Can Help Alleviate Questions
Who is at fault in a parking lot accident is not always clearly understood. When possible, contact the police to investigate and document the incident, and then hire an attorney who will represent you throughout this legal process.
Your lawyer will gather any evidence available to demonstrate fault and work to build a strong claim against the other party. Not all cases are simple, but a free consultation from a car accident lawyer could answer many of the questions you have. Set up a consultation with Gemma Law Firm to learn more.
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