888-888-8888
Espanol ES
Home icon Envelope icon

Parking Lot Accidents in New York: Who Is At Fault and How to Determine It

Parking Lot Accidents in New York: Who Is At Fault and How to Determine It
Calendar icon September 30, 2022 | Reading Time: 4 min
Tags icon

Various factors can contribute to parking lot accidents in New York. Drivers may be speeding through the lot, driving under the influence, or driving while distracted. While parking lots are areas where drivers tend to drive slowly and the chances to hit someone are low, accidents can still happen.

So what happens if you’re involved in a parking lot accident, and how is fault determined?

What Are Some Common Parking Lot Accidents?

Despite being an area where vehicles are often moving more slowly, a surprising amount of accidents happen in parking lots. From fender benders to deadly crashes, Thousands of accidents occur in parking lots each year. These are the most common types of parking lot accidents to be aware of:

  • Backing out of a parking space: This type of accident is particularly common in small parking lots with tight spaces. If you accidentally hit a parked vehicle while backing out of a space, make sure to leave a note or inform the police, as fleeing the scene is a criminal offense.
  • Pulling out in front of a moving vehicle: Drivers who are exiting a parking space must yield to oncoming traffic, so it is best to exercise caution while pulling out or backing out of a parking space.
  • Two drivers backing into each other: In some cases, two drivers will attempt to back out of their spots at the same time, which causes a collision.
  • Driver is cutting through parking spaces: Occasionally, drivers will cut through empty parking spaces instead of driving in the designated lanes. If the driver does not see oncoming traffic, they can cause a t-bone collision.

How is Fault Determined in Parking Lot Accidents in New York

Traffic accidents in parking lots, just like the ones happening on the street, are subject to an insurance company’s fault determination rules and the guidelines that insurance adjusters use to decide which driver is liable.

While each case comes with its own set of unique circumstances, here are a few general rules of thumb in regards to determining fault in a parking lot accident:

Parking Lot Right Of Way Rules

In most parking lots, there are multiple lanes with cars parked on both sides with and through lanes around the lot’s perimeter, which allow drivers to enter the parking lanes.

Cars driving in the through lanes have the right-of-way, and drivers approaching from parking lanes must yield. If a driver pulls into a through lane attempting to exit a parking lane and collides with a vehicle in the through lane, the driver in the parking lane would be liable.

However, if a driver in a through lane fails to obey a stop or yield sign that gives right-of-way to drivers exiting a parking lane, the driver in the through lane would be held liable.

Pulling Into or Out of Parking Spaces

When backing out of or pulling out of a parking space, any cars traveling in the parking lane have the right of way. Therefore, any person who collides with another car or pedestrian in the parking lane will likely be found at fault for the accident.

In the event that two vehicles collide while exiting their respective parking spaces, liability can be more difficult to determine. As both cars have the responsibility to ensure their surroundings are safe before exiting, both parties can be found liable for the accident.

How To Avoid Parking Lot Crashes If You’re a Driver

To help decrease your chance of getting into an accident in a parking lot, it’s important to stay alert and exercise caution. Here are a few easy tips to follow:

  • Drive slowly in designated lanes through the lot
  • Obey directional flow arrows, if present
  • Don’t park in a tight space if you do not have a compact car
  • Park in-between the lines of the parking space and never double park
  • Look in both directions when backing up, and use your rear-view or back up camera
  • Park in a spot where you can exit safely

Contact Cellino Law Today for a Free Consultation

If you were injured in an accident at a parking lot, regardless of if you were a pedestrian or in a vehicle, make sure you seek medical help as soon as possible. Your next step should be contacting a personal injury lawyer who has experience handling New York parking lot accidents.

Our team at Cellino Law understands that each parking lot accident case is unique, which is why we offer a free and confidential case consultation to answer any questions you may have regarding your accident. To get started, call our team today at 888-888-8888.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

SHARE THIS ARTICLE
     

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

    By submitting this form, I agree to receive communications including calls, texts, and/or emails as outlined in the Terms Of Use.

    Testimonials

    • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

      Theodore

    • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.

      Arthur

    • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

      Anthony

    • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.

      Joseph

    • We want to send a big "Thank you" from the both of us. We know you both fought for us and did a great job with our case. You did it in a timely manner and we appreciate it.

      Kerrijo & Jerry

    • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

      Mrs Steward