Questions of fault in parking lot accidents are not always as straightforward as they may seem. If you were injured or lost a loved one due to the negligence of a driver who was backing out of a parking spot, a driveway, a parking garage, or roadway, you need an experienced lawyer to champion your rights.
Bernheim Kelley Injury Lawyers provides Real Advocacy and fights for Real Justice on behalf of people who have been injured in parking lot accidents. Our elite car accident lawyers can investigate to determine who is at fault and fight for the maximum compensation you deserve.
For a FREE consultation, call Bernheim Kelley Injury Lawyers at 888-902-5867 today. We represent the victims of parking lot accidents in Fort Lauderdale, Starke, Fort Myers, Jacksonville, Miami, and other areas of Florida.
Is There Fault in a Parking Lot Accident?
Florida is a no-fault state. Contrary to its name, this doesn’t mean there was no fault. It simply removes the question of fault.
Regardless of fault, both drivers are required to go to their own insurance provider for relief. Florida law requires that drivers must carry insurance that includes coverage called Personal Injury Protection, or PIP.
PIP covers economic damages related to the accident—damages such as medical expenses and lost income. It doesn’t cover non-economic losses that are more personal and subjective, such as pain and suffering or emotional distress.
If, however, your injuries are especially serious and meet the legal threshold, you can file a third-party claim against the other driver and force their insurance provider to cover the non-economic losses that are not covered by PIP. Parking lot accident fault may be a factor if any of the following occur:
- Your medical expenses exceed the limits of your PIP insurance.
- The accident causes “significant and permanent loss of an important bodily function” or “permanent injury within a reasonable degree of medical probability” (see Florida Statutes § 627.737).
- You are permanently disfigured or suffer permanent scarring.
- Someone dies as a result of the accident.
In any of these situations, you may be able to bring a claim against the driver at fault for the accident. You may be entitled to compensation beyond what is covered through PIP insurance.
To obtain additional compensation, you will need to prove negligence on the part of the other driver. For many people, this seems fairly straightforward.
Say you’ve just finished loading groceries into your car in the grocery store parking lot. You’re backing out to leave, when you and another vehicle suddenly collide.
In your view, the other car came out of nowhere just as you were backing up. The other driver’s take is that you pulled out without ensuring the way was clear. Before you know it, you’re each blaming the other.
Disputes like these are common in backing out accidents. This can make it difficult to know who is at fault—even when someone is seriously injured or killed, which happens more often than you might think.
From 1990 to 2023, 115 children died in backover accidents in Florida. Adults and child occupants of a motor vehicle can also sustain significant injuries in crashes at relatively slow speeds.
The Real Truth: All drivers need to exercise heightened vigilance when backing out of a parking spot, driveway, or other space. When a driver fails to be careful, the victim(s) of the crash may be entitled to compensation.
Is the Person Backing Up Always at Fault?
Most people tend to assume the driver of the reversing car is always the one at fault. Well, that depends.
Yes, the reversing driver often bears some blame for the accident, but that doesn’t mean total responsibility. Liability depends on a number of factors that can create a complex situation where apportionment of blame isn’t always clear.
- Were both cars in motion?
- What were the surroundings like?
- Were both drivers following the rules of the road?
- Who had the right of way?
A Fort Lauderdale car accident lawyer will take these and other details into account in determining fault in parking lot accidents. In Florida, you can still recover partial compensation if you were partly at fault—provided your share of the blame does not exceed 50%.
What Is Right of Way and How Does It Apply When Backing Up?
Typically, the vehicle that is already in motion and passing behind has the right of way when another vehicle is backing up. The exception is that, during the process of backing up, there is a point at which the right of way shifts to the vehicle backing out—typically when the car is well into the reversing motion, which should give other cars fair notice to yield.
Who Is at Fault in a Parking Lot Accident When Backing Up?
Parking lots can be a nightmare, whether during a holiday season or simply a Sunday evening grocery trip. As some cars are backing out, others are driving up and down (or across!) the densely packed lanes looking for a spot—and all are maneuvering through people and shopping carts.
According to the National Safety Council, tens of thousands of backing up accidents happen every year in parking lots and parking structures. Who is at fault in a parking lot accident when backing up depends on each situation. Let’s take a look at some of the more common scenarios:
Two Cars Backing Up
This is a typical situation in which two vehicles back into one another in a busy parking lot. Barring extenuating circumstances, both drivers are likely to share liability for the accident since both vehicles were in motion.
Backing Into a Parked Car
The driver backing into a parked car is liable.
Backing Out Into a Moving Car
When a driver pulls out of a parking spot and backs into a moving vehicle that has the right of way, the reversing driver is generally at fault for the accident. However, as noted above, there are additional elements that may shift partial responsibility onto the other driver.
For example, blame may be shifted or shared in cases where the driver with the right of way was distracted, under the influence, not following traffic laws, speeding, or otherwise practicing unsafe driving.
Who Is at Fault When Backing Out of a Driveway?
The driver of the vehicle backing out of the driveway is required to yield to passing traffic and pedestrians. Drivers are responsible for checking behind their vehicle before proceeding to back out. This places responsibility on the driver backing out of a driveway for any accident that occurs due to their negligence.
These cases can become complex when a driver who is already in motion on the roadway is speeding, driving recklessly, or is otherwise negligent. In these cases, there may be shared responsibility for the accident.
Who Is at Fault When Backing Up on a Roadway?
Backing up on a roadway can be a very dangerous decision in which the reversing driver is liable for any injuries that occur. It is illegal to back up on many roadways, highways, and shoulders, and can even result in criminal charges such as reckless driving. Florida law states that drivers should not back up their vehicle in any situation in which it would interfere with traffic or otherwise be considered unsafe.
When Is the Driver Backing Up Not at Fault?
The driver backing up, even without right of way, is not always completely at fault. In the scenarios below, the other driver will likely share some measure of liability.
- Reckless Driving: Reckless driving is a traffic violation and refers to driving with disregard for people or property. It could mean any number of things, including failing to use turn signals, tailgating, not following traffic lights/signs, or improper lane changes.
- Failure to Yield: If the reversing driver has backed up enough that it should be clear to other drivers, the reversing driver has the right of way. Cars driving behind are then expected to yield.
- Speeding: If a driver has the right of way but was speeding at the time it was hit by the car backing up.
- Negligence: Negligence involves issues such as driving under the influence of alcohol/drugs or distracted driving (e.g., driving while texting). In such cases, even if the negligent driver has the right of way when hit by the driver backing up, there is likely to be a shared responsibility for the accident.
If you were backing out of a parking spot or your driveway and were struck by a careless driver, you owe it to yourself to seek legal counsel as soon as possible. The assumption that the reversing driver is at fault can be difficult to overcome, so you need to take steps to protect your rights.
Contact a Fort Lauderdale car accident lawyer for FREE.
How Do You Determine Who Is at Fault When Backing Up?
As mentioned above, questions of fault don’t enter into every case of someone being backed into. PIP insurance might pay most of the medical expenses for injuries in a parking lot accident—regardless of who was at fault.
In the event of a serious injury or worse, however, fault may be a factor. Let’s take a look at a few of the questions that could come into play in deciding who is to blame.
Who Had the Right of Way?
Drivers are required by law to yield to the driver with the right of way. A driver backing out of a spot typically does NOT have the right of way. That said, drivers who have the right of way must still exercise caution when traveling in areas where vehicles may be moving in reverse.
What Part of the Car Was Damaged?
What part of the vehicle was damaged can reveal information about the circumstances of the accident. For example, the investigation may reveal that the damage is on the rear of the vehicle that was backing up and on the front of the other vehicle. Investigators might conclude that the other vehicle had visibility and time to stop before hitting the driver who was backing out. On the other hand, damage on the rear of the vehicle backing out and the side of the other vehicle may indicate that the reversing driver backed into a vehicle visibly behind it.
Was the Other Vehicle in Motion?
Hitting a parked vehicle when backing up is a common occurrence in parking lots, tight parking spaces, and when parallel parking. The driver of the moving vehicle is at fault in these circumstances.
Were There Witnesses Present?
Driver statements often differ regarding the events during an automobile accident. Witnesses can help in such a case. It’s important to get their names and phone numbers if possible.
Perspectives often vary when one vehicle backs into another. Timely investigation by the police is critical for determining the sequence of events that led to the crash and identifying who is at fault in parking lot accidents.
Do Police Respond to Parking Lot Accidents?
According to Florida Statutes § 316.065, the police must be called to the scene of a motor vehicle accident if it results in:
- Injury
- Fatality
OR - $500 or more in property damage
The police may also respond to an accident if it is obstructing traffic or presents a danger of secondary collisions. If none of these conditions apply, the police might not respond.
Parking lot accidents often seem minor at first, leading people to believe that they don’t need to call the police. Unfortunately, whiplash, brain injuries, and other serious trauma may become apparent hours or days after the accident.
If you are involved in a car accident in a parking lot and later experience injury, you have 14 days to seek medical attention. You should also file a police report if law enforcement didn’t respond to the scene. This will create a record of the accident that may be helpful in establishing parking lot accident fault.
Do I Need a Police Report for a Parking Lot Accident?
A police report can be extremely helpful for securing PIP coverage and additional compensation after a parking lot accident. Police reports contain crucial details such as:
- The location of the accident
- Conditions at the scene (weather, lighting, etc.)
- Identifying information for the parties involved
- Descriptions of the vehicles
- Notes on damage to the vehicles, including location and severity
- Any injuries suffered by the drivers, occupants, and other parties
- Notes on the apparent or potential cause of the accident
- A diagram of the accident
The full details can only be captured if the police respond to the accident scene. If you or someone you love was injured in a parking lot accident, backover accident, or similar incident, you should call 9-1-1 right away and cooperate with the police when they arrive.
You can obtain a copy of the crash report online from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). In addition to helping with your PIP claim, a car accident lawyer can use the details in the crash report to assess who is at fault in a parking lot accident and potentially pursue a claim against the other driver.
How Do Insurance Companies Handle Parking Lot Accidents?
Insurance companies tend to handle parking lot accidents the same way they handle other car accident claims. Their goal, as always, is to pay as little as possible.
The insurance adjuster will investigate the accident by visiting the scene, taking photos, speaking to witnesses, and reviewing the crash report. Based on the evidence, the adjuster will determine the insurance company’s liability and what (if anything) the insurer has to pay.
Florida is a no-fault state, but that doesn’t mean PIP coverage is automatic. The insurance company may deny PIP accident claims on the basis of delayed medical treatment, contradictory or incorrect information, etc.
In the event of a third-party liability claim, the insurance company will make a determination of fault. Even if the insurer accepts liability based on the actions of the driver who backed into you, fair compensation is far from guaranteed.
The Real Truth: Insurance companies are not on your side. They will capitalize on the fact that fault in parking lot accidents is not always clear-cut to try to avoid liability and paying the damages you are due. Your best bet is to have a capable car accident lawyer represent you in the aftermath of a backing accident.
How to Avoid a Car Accident When Backing Up
There are several ways to avoid causing a serious and/or fatal accident when backing up:
- Check rear and side mirrors.
- Use vehicle technology (backup cameras, sensors, etc.).
- Be aware of surroundings and continue to check as you back up.
Remember that not everything (or everyone) is visible in a rearview mirror. Taking a quick walk around the car before getting in can help ensure you don’t accidentally hit a child or animal.
What Should You Do in the Event of a Car Accident When Backing Up?
After you’ve been in a car accident, you’re likely to be shaken and feel disoriented. It’s important to try to remain calm and take steps to ensure you have what you need if you choose to pursue legal action. If you can manage it, here are some steps to take following a car accident:
- Call 911.
- Check whether the other driver, passengers, or bystanders need immediate assistance.
- Exchange insurance and contact information with the other driver; get witnesses’ names if possible.
- Do NOT admit or accept fault and don’t get into details with anyone until you’ve talked to an attorney.
- Notify your insurance carrier.
- Take photos or videos of the site.
Most importantly, seek medical care even if you don’t think you’re hurt. Not all injuries are immediately obvious, and capturing all indications at the time can help protect your interests.
How Can Bernheim Kelley Injury Lawyers Help in a Car Accident Case?
Being in a car accident takes its toll on all aspects of your life. On top of trying to recover from physical and emotional injuries, you’re trying to deal with the bills that keep piling up. Bernheim Kelley Injury Lawyers can help.
We’re an established, well-respected personal injury firm with decades of experience in personal injury law. Our attorneys have won over $1 billion for our clients. We’ll fight just as hard for you.
As part of our commitment to Real Advocacy, here’s what you can expect us to do:
- Investigate the accident
- Review evidence, including crash reports and surveillance footage
- Consult with experts
- Negotiate with the insurance companies
- Represent you in court if the insurance company won’t play fair
Don’t try to deal with legal matters on your own. It’s too risky. Go with a trusted law firm that knows how to fight insurance companies and win.
Contact a Fort Lauderdale Car Accident Lawyer Today
Take your first step toward Real Justice. Call Bernheim Kelley Injury Lawyers at 888-902-5867. We’ll review your case and go over your legal options. Your first consultation is FREE, and you owe us nothing unless we’re able to secure a financial award on your behalf.