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Who is at Fault in a Parking Lot Accident?

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Parking lot accidents will often be less severe than the rest of the car accidents because the vehicles are moving slowly. While this is good news, you still need to identify who is liable before filing a claim. It is usually the most challenging because cars are moving in every direction, and anyone can be at fault.

Discuss your case with an Atlanta car accident attorney to make sure your rights are protected. So, who is at fault in a parking lot accident?

Parking lot laws are slightly different from road laws

Basic road rules will still apply in parking lots, but the laws are slightly different. Determining who is at fault is essential because their insurance company will pay for all damages that result from the accident.

Fire zones, reckless driving, handicapped spaces, and DUI will apply.

Some road rules will not apply because most parking lots are located on private property and are therefore not guided by public roadways rules.

Parked vehicles

If your car was hit while in parking, the other driver is automatically liable for the accident and will pay for damages provided you can successfully identify them. However, you are at fault if the other driver hits you while you are opening the door. This applies regardless of whether you were legally parked or not. Due to the varying liability, the insurer will use every means to avoid considering their client at fault.

Liability while pulling out of a parking lot

If you are hit by another vehicle while leaving the feeder lane, you will most likely be considered liable. The feeder lane is the lane immediately after the parking spot and cars at this lane have the right way. Therefore, you should look both ways for an incoming vehicle because you will be at fault in case of a collision.

What if two vehicles are exiting a parking spot?

In a scenario where the two vehicles involved in a crash leaving parking spots, they share liability. However, this can change from state to state or according to details provided by the drivers. Liability is 50/50 only if the vehicles hit each other at the same time.

Accidents in a thoroughfare

The thoroughfare is located at the end of the feeder lane. The feeder lane can also join the main road. Like the feeder lane, vehicles at the main road or thoroughfare have the right of way. Therefore, you will be responsible if you are leaving the feeder lane without looking for incoming vehicles.

Working with an attorney

As discussed above, insurance companies will look for ways of avoiding fault. Therefore, you may violate your rights without proper legal representations. Lawyers:

  • Investigate further to gather more evidence
  • Cross-examine witnesses
  • Draft and reply to the demand letter

Fault matters in parking lot accidents. That is why you need the best legal representation by your side. Discuss your case with an Atlanta car accident attorney or call the offices at 404-850-9516.

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