We have all been in stuck in busy parking lots at some point in our lives. For both drivers and pedestrians, cramped parking lots can be frustrating and stressful. Did you know that they can also be dangerous? According to data collected by the Kentucky Transportation Cabinet (KYTC), 23,854 motor vehicle collisions were reported to have occurred in parking lots in the state just in the year 2014.
Even a seemingly minor fender bender that takes place in a parking lot can cause significant financial damage to your vehicle. Further, in some cases, parking lot accidents can result in very serious injuries, especially when pedestrians are involved. Here, our experienced Louisville car accident lawyers discuss fault in parking lot accident cases.
Parking Lot Accident Liability: Negligence
The states of Kentucky and Indiana both handle auto accident claims under a comparative fault system. When assessing fault for a parking lot collision, there are two different things that all drivers should know about the comparative fault standard:
1. Fault is Based on Negligence
Any party whose negligence contributed to a parking lot accident can be held at fault for the crash. In the most simple terms, negligence is the failure to take due care. In the context of a parking lot accident case, negligence can come in a wide variety of forms. Some of the most common types of parking lot driver negligence include:
- Speeding through the parking lot;
- Failure to look before backing out of a space;
- Turning into another lane without ensuring that it is clear;
- Distracted driving;
- Not yielding at crosswalks or accounting for pedestrians; and
- Hitting a parked car due to inattention or lack of skill.
Ultimately, drivers still have a duty to follow the standard rules of the road when operating their vehicle in a parking lot. This means yielding to other drivers that have the right of way, driving at a reasonable speed, and watching out for pedestrians.
2. The Parties Might Share Liability
Not all parking lot accident cases are the fault of one driver. Sometimes, in crowded parking lots, both drivers make an error that contributes to the collision. When this happens, the drivers will split the liability based on their percentage of fault.
Kentucky is a No Fault Insurance State
Unlike most American states (including Indiana), Kentucky operates under a no fault insurance system. Kentucky drivers involved in a crash generally have to look to their own insurance company first for compensation. But in cases involving serious injuries, parties can step outside of the no fault system to bring a legal claim against the negligent driver’s insurance company.
Contact Our Office Today
At Harville Law Offices, PLLC, our Louisville personal injury attorneys have extensive experience handling auto accident claims. If you were hurt in a parking lot collision, please call our team today at (502) 245-2333 to set up a free, no obligation review of your case. We represent injured victims in Kentucky and in Southern Indiana.