Drivers leaving parking lots or driveways and entering roadways cause accidents every day. Whether driving a car, truck, bus, motorcycle, or other motor vehicle, Pennsylvania law requires that all drivers leaving an area other than a roadway yield the right of way to drivers who are already on the roadway. This means that drivers exiting from a driveway or parking lot-type area must yield the right of way to other drivers before entering the roadway.
The experienced Philadelphia car accident lawyer often represent victims injured because a driver negligently left a driveway without sufficient clearance. These accidents often result in serious damages and injuries because the driver on the roadway is traveling at a relatively high rate of speed.
How Do You Determine a Fault in a Parking Lot Accident?
Drivers navigating parking lots must also use care, giving the right of way to vehicles moving through the lanes and pedestrians. Even low speed accidents can cause damage to other cars and physical injuries.
Determining parking lot accident faults can be challenging in these accident cases. There can be two scenarios of car accidents in a parking lot in which fault can be determined accordingly.
Scenario 1: When Drivers Are Navigating a Parking Lot
If both cars are moving, knowing who gave the right-of-way may be necessary for determining fault. In such a case, the driver who violated the traffic rules, such as yielding right-of-way, will be considered at fault for the parking lot collision. In some cases, the negligence of both drivers may cause the accident.
Scenario 2: When a Driver Is Backing Out of a Parking Space
When backing up or pulling out from a parking spot, you must ensure that the thoroughfare lane is free if you are in the feeder lane. In some cases, an accident may happen when one car is stationary, and the other is moving; the at-fault party will be the one that was moving.
In parking lots, the moving car has the right-of-way. When the driver of a moving vehicle speeds up or fails to comply with traffic laws, both drivers may also be at fault for the car parking accidents. It becomes challenging to determine the fault and liability in different car accident scenarios. Therefore, you need to analyze every scenario with accuracy to determine the liable parties.
Understanding Pennsylvania Traffic Laws
Pennsylvania law states, “The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.” 75 Pa. C.S. § 3324.
Many of these accidents in Philadelphia occur on roads such as Route 1/Roosevelt Boulevard, where the speed limits can be as high as 45 miles per hour. When a driver causes an accident by pulling out of a parking lot onto Route 1 in front of a car traveling at 45 miles per hour, serious damage is bound to occur.
Many times, both vehicles will be completely totaled and the vehicle’s occupants will have suffered significant injuries that require months, or even years, of treatment.
Each injured person should take steps to immediately protect their right to compensation for the injuries, pain, and suffering that they have endured as a result of the accident. If you do not promptly protect your legal rights after an accident, you could be forever barred from seeking accident injury compensation.
What If I Hit a Parked Car and Can’t Find the Vehicle Owner?
If you hit a parked car and can’t find the vehicle owner, it is best to stay at the accident scene and wait for the owner to arrive. You can also check for nearby establishments for information about the car’s owner. If you are not able to wait, you can leave your contact and insurance information.
Why Does Fault Matter in a Parking Lot Accident?
Determining fault in a parking lot accident is essential for both a personal injury claim and car insurance coverage. Depending on the parties’ policies, determining fault will also determine whose car insurance policy will pay for the damages and whether the owner must compensate.
Can I File an Injury Claim After a Parking Lot Accident?
Per the statute of limitations in Pennsylvania, an accident victim may file a car accident claim within two years from the accident date. However, there are a few exceptions to this rule.
While parking lot accidents are generally low-speed collisions, they can still result in severe injuries. A victim may be entitled to compensation if they have been injured in a parking lot accident.
Some common injuries that you can sustain in parking lot accidents are cuts or scraps requiring stitches, whiplash, and pedestrian injuries such as injury to feet, abrasions, or broken bones.
An experienced personal injury lawyer can help you with your claim for injuries and damages, such as medical costs, lost wages, and pain and suffering. The team at The Law Offices of Samuel Fishman have significant experience obtaining sizable and appropriate settlements for victims of negligence caused by other drivers.