Parking lots are one of the most common sites for collisions, but because these accidents often occur at low speeds, there is usually little damage. Although these accidents are usually minor, it’s still important to realize that even collisions that occur at low speeds can cause serious injuries. In fact, two parking lot accidents in Brampton in 2015 resulted in pedestrian fatalities.
When you’re injured in any accident, it’s important to know the steps to take to ensure that you stay safe and that you are properly compensated for your injuries.
Below, you’ll learn more about what to do if you are injured in a parking lot car accident.
Common Parking Lot Accidents
Most parking lot collisions result in only minor damages because drivers are operating their vehicles at very low speeds. However, regardless of how fast the vehicles are traveling, you are more likely to be seriously injured in a parking lot accident involving a side or rear collision. Pedestrian injuries and fatalities are also relatively common. Make sure to visit a medical professional, even if your injuries seem minor. Injuries can often grow worse over time, so treating them right away is crucial.
Determining Fault
Which party is at fault can be confusing to determine in parking lot accidents because many drivers aren’t aware of who has the right of way in parking lots. All traffic signs in a parking lot must be obeyed and if a driver fails to observe a sign, they can be held liable.
Other rules you should be aware of include:
• Any driver who hits a legally parked car is at fault. If the car is parked illegally, the car’s owner is at fault.
• A vehicle moving in the main entry or exit lane has the right of way over any driver exiting a parking lot or entering the main lane from a feeder lane. When entering a main lane from a feeder lane, you must yield to traffic even if there isn’t a stop sign.
• If your car is hit while you’re backing into a feeder lane or main lane, you are typically considered at fault.
• If two cars pull out of parking spots and back into each other, both drivers can be considered at fault.
• If an owner of a parked car leaves a door open and a vehicle backs into it, the owner of the parked car is at fault.
• If you damage another car by opening your door, you are at fault.
• Any driver who ignores a traffic sign in a parking lot and causes an accident is at fault.
• If you hit a pedestrian or car while driving recklessly, you will be held responsible under Ontario traffic laws.
• If you hit a vehicle and leave the scene of the accident, it will be considered a hit and run. If your vehicle is hit in this way, notify your insurer right away. If the damage is over $1000, call the police.
• When an insurer can’t determine who is at fault, they will consider both drivers at fault and your insurance rates may rise.
When and How to Report
Whether an accident occurs on private property like a parking lot or on a public roadway, both drivers are required to report the accident by adhering to Ontario’s Highway Traffic Act.
If any injuries occurred, even if they were minor, you must call emergency services and aid the injured person as much as possible. Before you leave the scene of the accident, make sure to take pictures of all vehicles involved, focusing on damages. Do this even if you don’t intend to file an insurance claim. These pictures will be important as they provide evidence of what happened in case the other driver files a claim and describes the accident differently from your account.
How Parking Lot Accidents Affect Insurance Rates
Parking lot accidents where you are determined to be the ‘at fault’ party can result in insurance rate increases comparable to those resulting from accidents on public roadways. The good news is that unless you were impaired, driving recklessly, or otherwise displayed negligence, you will not receive demerit points or fines.
Seeking Legal Help
If you’ve been injured in a parking lot accident, it’s important to get in touch with a personal injury lawyer right away. Even if you don’t end up filing a lawsuit or claim, a lawyer can tell you more about your rights and describe the compensation you may be entitled to. Consultations are usually free, so if you’re unsure about whether or not you have a case, a lawyer can clarify this.
Hopefully this blog post has given you valuable information about what to do in a parking lot accident so you can feel more comfortable if this happens to you.
If you’ve been injured in a parking lot accident, book a free consultation with a car accident lawyer to understand your rights.
