In a parking lot accident, the fault is typically determined based on the same principles that apply to road accidents. The driver who was negligent or who failed to exercise reasonable care under the circumstances may be found at fault for the accident.
To determine fault in a parking lot accident, the following factors may be considered:
- Traffic laws: The laws that apply to parking lots may vary by jurisdiction, but in general, drivers are expected to follow the same traffic laws as they would on a public road. For example, if a driver runs a stop sign or fails to yield the right of way in a parking lot, they may be found at fault for an accident.
- Negligence: Negligence is the failure to exercise reasonable care in a given situation. If a driver acts recklessly or carelessly in a parking lot, they may be found negligent and at fault for an accident.
- Contributory negligence: In some jurisdictions, if both drivers are found to be at fault for an accident, the degree of fault may be apportioned between them. For example, if one driver was speeding and the other driver failed to yield the right of way, both drivers may be found at fault, but the degree of fault may be different for each driver.
It is important to gather as much evidence as possible after a parking lot accident to help determine fault. This may include witness statements, photographs of the scene, and any video footage of the accident. A lawyer can help you review the evidence and build a case to prove fault in a parking lot accident.