Parking lots, those seemingly benign spaces where drivers seek respite for their vehicles, are often the stage for unexpected drama—the parking lot crash. Despite their frequency, these incidents are not always straightforward, and understanding the legal nuances becomes crucial.
Establishing Fault in Parking Lot Crashes:
The crux of any parking lot crash case lies in determining fault. Alabama law requires a careful examination of the actions of each driver involved. Common scenarios leading to parking lot crashes include failure to yield, improper backing, distracted driving, and speeding. Surveillance footage, witness statements, and police reports become critical pieces of evidence in piecing together the puzzle of who is at fault.
The general rule is that the driver driving in the center lane has the right of way; the parked car backing up does not.
***CAUTION*** Insurance companies will typically say you are at fault or refuse to pay. They do not have an obligation to tell the truth. They seldom offer fair value in these claims.
Duty of Care in Parking Lots:
Alabama law imposes a duty of care on every driver, even within the confines of a parking lot. While the speed limits may be lower than on public roads, drivers must remain vigilant and cautious. Failing to yield the right of way, ignoring traffic signs, or engaging in reckless behavior can all be considered breaches of this duty. Establishing that a driver violated their duty of care is a crucial step in proving fault in a parking lot crash.
***NOTE*** Drivers must attempt to stop or move to avoid a collission. Even the driver with the right of way can't intentionally run into you because of their impatience.
Parking Lot Regulations in Alabama:
Apart from general traffic laws, Alabama has specific regulations governing parking lots. These may include speed limits, stop sign placements, and the prohibition of certain activities such as reckless driving. Understanding and adhering to these regulations is essential for drivers navigating parking lots to avoid contributing to or becoming victims of accidents.
What should I do if I'm in a minor parking lot collission?
1. Get the other driver's information.
2. Take pictures
3. Open an insurance claim
4. Call a lawyer - Apex Law routinely gets insurance companies to pay for the damage to your vehicle, the rental car expenses while your vehicle is getting worked on, and the diminished value of your vehicle.
Email Neil today: neil@apexlawal.com.