Who Is At Fault In A Parking Lot Accident?

When we think of car accidents, we often think of accidents happening on roadways. This is understandable, seeing as most car accidents happen on roads. However, car accidents can occur anywhere, even in parking lots. In fact, parking lot accidents are far more common than you would expect. Unfortunately, sometimes parking lot accidents can cause severe injuries.

In Kentucky, anyone who suffers injuries or property damage due to another driver’s negligence should be able to recover compensation for their injuries and damages. This applies even in the case of parking lot accidents. However, determining who is at fault in a parking lot accident can be challenging. For this reason, it is vital that after a parking lot accident, you reach out to a qualified car accident attorney. A skilled attorney can help you determine who is liable for your accident.

Liability in Kentucky Parking Lot Accidents

If, for example, you were moving down the parking lane and another driver backed out of their parking space and hit you, the other driver is likely liable for the accident. In Kentucky, drivers backing out of a parking space are required to yield the right of way to drivers traveling down the parking lot lane.

On the other hand, determining liability may be more difficult if you and the other driver were backing out of a parking space. In such a case, you and the other driver could share liability for the accident. Drivers backing out of a parking space have a duty to ensure that it is safe for them to back out before they do so. In other words, there is no established right of way when two cars are backing up. However, if another driver has already started backing up, any other driver in the area should wait until they are done backing up before they begin reversing.

Now, suppose one vehicle was not moving. What happens in such a scenario? A scenario where one car was moving and the other was not usually results in the moving vehicle being deemed liable. For example, if you were packed and the other driver pulled out of their parking space and backed up too far, thus hitting you, the other driver is highly likely at fault for your accident.

Comparative Fault in Kentucky

Kentucky handles auto accidents, including those that occur in parking lots, under a pure comparative fault system. This means that even if you are 99% to blame for your parking lot accident, you can still recover compensation from the other negligent driver. However, according to the pure comparative negligence rule, if you are partially at fault for your accident, the amount you can recover from the other negligent party is to be reduced by your percentage of fault. For example, if you are found to be 20% at fault for your accident, your damages are to be reduced by 20%.

Contact a London Auto Accident Attorney

If you’ve been involved in a parking lot accident in Kentucky and need help determining liability, contact our qualified and dedicated London auto accident attorneys at Cessna & George Law Firm. Apart from helping you determine if another party is liable for your parking lot accident, we can help you fight for the compensation you deserve if another party is to blame for your accident.

Source:

law.cornell.edu/wex/right_of_way#:~:text=In%20traffic%20law%2C%20right%20of%20way%20is%20the%20right%20to%20proceed%3B