Who is Responsible for an Accident That Happens in a Parking Lot?

We’ve all been there. Navigating a busy parking lot at the Tacoma Mall or Costco on a weekend can be more chaotic than driving on the highway. Cars are backing out, drivers are competing for spots, and pedestrians are walking between vehicles. It’s a low-speed but high-stress environment, and it’s a prime location for fender benders, door dings, and frustrating collisions.

When these accidents happen, determining who was at fault can be surprisingly complex. The familiar traffic signals and clear lane markings of a public street are often absent, replaced by a set of informal rules and legal principles that many drivers don’t know.

The most common misconception is that all parking lot accidents are automatically 50/50 fault. This is simply not true. While fault can be shared, in most cases, a primary party can be identified as negligent by applying the basic principles of right-of-way.

Useful Information for You: In a Nutshell

• Standard Traffic Laws Still Apply: The fundamental principles of safe driving, like yielding the right-of-way, still apply in a parking lot.
• The Driver in the Thoroughfare Has the Right-of-Way: A driver in a main, larger lane that leads to an exit has the right-of-way over drivers pulling out of smaller “feeder” lanes or individual parking spots.
• The Backing-Up Driver is Usually at Fault: A driver reversing out of a parking spot has the primary duty to wait until the lane is clear. They are almost always held liable if they back into a car that is already established in the lane.
• Police Often Won’t Respond: Police may not respond to or file an official report for a minor accident on private property, making your own evidence gathering even more critical.
• Evidence is Key: Photos, videos, and witness statements are crucial for proving what happened in the absence of a police report.

The “Rules of the Road” for Parking Lots

To determine fault, insurance adjusters apply a few key right-of-way principles to the parking lot environment.

1. The Thoroughfare vs. The Feeder Lane

Think of a parking lot’s traffic lanes as a hierarchy.

• Thoroughfares: These are the main, wider lanes that vehicles use to enter and exit the parking lot. They are the major arteries.
• Feeder Lanes: These are the smaller lanes that run between the rows of parked cars.

The rule is simple: A driver in a thoroughfare has the right-of-way over a driver in a feeder lane. If you pull out from a feeder lane into a thoroughfare and a collision occurs, you will likely be found at fault.

2. The Driver Pulling Out of a Parking Spot

This is the most clear-cut rule. A driver who is backing up or pulling forward out of a parking spot has the absolute lowest priority. They have a duty to wait until the lane of traffic is completely clear before proceeding. If you are driving down a feeder lane and a car backs into you, the driver of the backing car is almost always found to be 100% at fault.

3. The Stop Sign Rule

If a feeder lane has a stop sign or a painted stop line before it joins a thoroughfare, it must be treated like a stop sign on a public road. A driver who fails to stop and yield to traffic in the thoroughfare will be at fault.

4. The Left-Turn Rule

The same principle from street driving applies. If you are turning left across a lane of traffic to get to a parking spot or to exit, you must yield to all traffic that is proceeding straight.

Common Parking Lot Accident Scenarios

• Two Cars Backing into Each Other: If two cars are backing out of spots opposite each other and collide, fault is typically shared 50/50. Both drivers had a duty to ensure the way was clear.
• Competing for the Same Spot: If two cars are trying to pull into the same spot and collide, fault can be difficult to determine and may be shared. The driver who was turning left to enter the spot may bear more responsibility.
• A Car Hits an Open Car Door: A person has a duty to ensure it is safe before opening their car door into a lane of traffic. If you open your door and a moving car hits it, you will likely be found at least partially at fault.

The Challenge: Lack of a Police Report

Because parking lots are typically private property, police departments in Tacoma and Pierce County may decline to respond to a minor, non-injury accident. This means you will not have an official police report to support your claim. This makes your own evidence gathering absolutely critical. You must take extensive photos of the vehicle positions and damage and get contact information from any witnesses.

Navigating a parking lot claim requires a clear understanding of these informal rules. If you’ve been in a parking lot accident in the Tacoma area and are in a dispute over fault, search the Car Accident Lawyer Directory Tacoma. Compare profiles and read real client reviews to find a trusted local attorney who can help you build your case and fight for a fair outcome.

References

• Washington State Legislature – RCW 46.61.290 – Required position and method of turning at intersections:While for public roads, the principles of yielding for left turns are often applied by analogy to parking lot situations.https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.290
• Washington State Legislature – RCW 46.61.600 – Stopping, standing, or parking:This section covers the general duties of a stopped or parked vehicle, which can be relevant to issues like opening a car door into traffic.https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.600
• Washington State Office of the Insurance Commissioner (OIC) – Filing an auto claim:Official guidance on the claims process, which applies to accidents regardless of where they occur.https://www.insurance.wa.gov/what-do-if-you-have-accident-and-need-file-claim