Parking lot accidents in Florida are far too prevalent, and determining who is to blame can often get complicated. Fault laws in Florida are also hard to understand for some, as are right-of-way laws.
At Eltringham Law Group, we’re here to help you get a better grasp of these laws and who might be at fault in your parking lot accident.
Who Has the Right-of-Way in a Florida Parking Lot?
Those visiting a parking lot in Florida must adhere to similar rules you’d find on the open road. This means yielding to any pedestrians or bicyclists in the parking lot.
It means the driver is to blame if you were hit by a car while walking down the parking lot lane or while riding a bicycle. Of course, it’s likewise if you’re the car’s driver that hit a bicyclist or pedestrian.
Since Florida is a no-fault state, many people wrongly think they aren’t responsible if a parking lot accident occurs from their negligence. Since the driver is responsible for yielding, it means the driver is solely to blame.
Types of Parking Lot Accidents
More parking lot accident scenarios can take place than you may think. A few of the most common parking lot crash situations in Florida include:
This is when two cars collide from the rear due to pulling out of parking spaces simultaneously. This scenario is usually due to not looking properly in the rearview mirrors, being distracted, or just backing up too fast.
These accidents can sometimes happen because both drivers are to blame for not paying attention. Or, a parking lot accident can be due to inclement weather and the inability to see well through the mirrors. Regardless, a driver is still responsible if backing into another vehicle.
A head-on collision can easily occur in a parking lot, even though you’re not driving at high speed. For instance, you could end up colliding with a car driving down a parking lot lane as you make a turn. Blind spots are far too common when driving, leading to too many collisions.
Driving too fast in a parking lot is frequently the issue behind these accidents. Even worse is when you’re injured from a head-on crash when pulling out of a parking lot into traffic when an oncoming driver is not paying attention, speeding, or is unable to see well.
Hitting a Pedestrian
The worst type of parking lot accident is when a pedestrian is hit due to inattentive driving or blind spots. Everyone should drive slowly in parking lots, yet not every driver does.
When a pedestrian is hit, it can lead to serious injuries and even death.
Hitting a Bicyclist
A collision with someone on a bike can lead to the same scenarios as hitting a pedestrian on foot. Serious injuries can happen, including fatalities. Blame usually falls on the driver for failing to yield to a bicyclist riding through a parking lot.
Other Types of Parking Lot Accidents
While these scenarios are common, other potential parking lot accidents can happen that are more unusual.
Another type of parking lot accident is when two cars collide while trying to turn into the same parking space.
You may also find yourself in other accident situations, like when someone backs their car into you while on a sidewalk or even by crashing through a storefront window. Rarely, the accelerator pedal might have become stuck, or the car’s brakes failed.
Applying fault in this case may mean the car manufacturer being held responsible for a mechanical defect instead of the driver that hit you.
More Explanations About Florida’s No-Fault Law
Far too many people continue to think that because Florida is a no-fault state, there isn’t any blame to go around for a parking lot accident. As noted, this isn’t true. You still need to know about what’s required under Florida law to help recover damages for injuries sustained in a parking lot accident.
When you work with an expert legal team like at Eltringham Law Group, you have a team helping you navigate your parking lot crash case at every step.
Contact us at Eltringham Law Group immediately to begin your claim for compensation.
Car Accident Case FAQs
What is the no-fault law in Florida?
Florida no-fault law is one that often confuses people because it looks like it means no one is to blame for an accident. In reality, it means you’re required to have PIP car insurance to pay for your initial medical treatment after an accident. After that PIP benefit is exhausted, financial responsibility for your injuries switches to the at-fault driver.
Can two people be at fault for an accident in Florida?
Yes, two (or more) people could be at fault here in Florida. It all depends on the evidence and testimony from witnesses.
What determines who is really at fault?
Our legal team is there to help gather the right evidence to help you win your parking lot accident case. It may mean gathering surveillance video footage from the parking lot or interviewing people who saw the accident occur.