If you were hit by a car in a parking lot or parking garage, it is important to know who was at fault. Car accident and injury claims in Texas are usually brought against the at-fault party, so you need to sue the right person and have the evidence to prove their fault.
In crashes between a car and a pedestrian, the accident will almost always be the driver’s fault because they are not supposed to pull out or drive off unless it is safe to do so. Crashes between two cars depend a lot more on the facts. In some cases, the parking garage or parking lot might also share fault.
For help with your car accident case, call The Queenan Law Firm’s Dallas car accident lawyers at (817) 476-1797 right away.
Possible At-Fault Parties
In a car accident, there are only so many people who could possibly be at fault. In parking lot crashes, these are the possible parties you could consider suing:
The (Other) Driver
Whether you were hit while walking to/from your car or while driving in the parking lot, your claim is most likely to be filed against the other driver. They could be at fault for all kinds of mistakes or driving errors:
- Failing to look before backing out
- Speeding
- Running stop signs
- Not properly looking out around blind corners
- Driving drunk
- Failing to yield to dangers.
You
Unfortunately, you might be blamed for the crash, at least in part. If you are partially at fault, you can still sue as long as your fault is not over 50%.
If you were walking on foot, that doesn’t give you the right to walk behind moving cars; you still have to act reasonably to protect yourself from injury in a parking lot. If you were driving another car, you have to yield, avoid speeding, etc., just like the other driver does.
The Parking Lot/Parking Deck Owner
Sometimes parking lots and parking garages are not built safely. Blind corners, sudden dips, and unsafe walking areas can make lots dangerous for people walking to and from their cars.
If unsafe conditions or designs helped cause the crash, the owner might share responsibility.
The Vehicle Owner
If you were hit by a car with a faulty backup camera or other unsafe equipment issues, its owner might share liability if that is a different person than whoever was driving it.
The owner can also be liable if they gave their car to a driver they should have known was too dangerous.
The Driver’s Employer
If you were hit by a commercial vehicle like a delivery van, the driver’s employer might share liability for the accident.
Although this is becoming more and more rare, some parking lots have their attendants drive and park the cars. If one of them hits you, they might be at fault. The same is true if you were hit by a valet driver in a parking lot.
What Do You Need to Prove Fault?
Drivers and other parties are only at fault if all four of these elements are met and you have ample evidence to prove it.
Elements of Negligence
Car accident cases are usually based on negligence, which is a claim that the driver caused the crash by failing to follow a duty they owed you. This has four elements:
- The driver owed you a legal duty, usually based on traffic laws or what is reasonable in a given situation.
- The driver breached that duty.
- The breach caused your accident.
- You suffered injuries and other damages.
Evidence Needed
All kinds of evidence is available, just like in any other car accident:
- Your testimony
- Witness testimony (e.g., a parking lot attendant)
- Vehicle damage assessments showing the damage suffered
- Medical records showing injuries.
However, crashes in parking lots and parking garages typically have security cameras all over the place for security. If the accident was caught on video, this can be very strong evidence of what happened.
Common Examples of Fault in Parking Lots and Parking Garages
Most parking lot and parking garage accidents are caused by these kinds of issues:
- Drivers backing out of spaces without looking around
- Speeding
- Drivers taking turns without looking out for pedestrians walking between cars or across lanes of travel
- Drivers not seeing stop signs or faded crosswalk paint.
Most of these issues amount to the driver being at fault, but obstructed stop signs, poor lighting, and faded crosswalk paint could be the lot/garage owner’s fault.
FAQs for Parking Lot and Parking Garage Accidents in Texas
Do Traffic Laws Apply in Parking Lots/Garages?
Technically, most traffic laws only explicitly apply on the road. However, it would be considered reasonable to still follow posted signs (speed limits, stop signs) and to follow the rules of the road (avoid tailgating, do not drive drunk) in a private parking lot, too.
This means that whether the laws explicitly apply or not, a violation of standard traffic rules can be used as proof of fault in a parking lot crash.
Is There a Difference Between Public and Private Parking Lots/Garages?
As discussed above, traffic laws might not always apply on private property. However, that doesn’t usually affect liability; speeding, failing to look before backing out of a space, and other mistakes would still be grounds for fault whether the lot is private or public.
However, there may be procedural differences for suing the parking lot/garage owner if that owner is the city or local government instead of a private company.
Do Parking Lots/Garages Have Liability Waivers?
Many parking lots and garages have signs that say “Park at Your Own Risk” or otherwise try to disclaim any liability for what happens in the parking lot. Most of these are not contracts and have no legal force.
However, they are also typically aimed at telling you not to leave valuables in the car and saying the parking lot isn’t responsible for break-ins or theft. They might not even have the right phrasing to affect liability for crashes and injuries.
Call Our Texas Car Accident Lawyers for Help
If you were hurt in a parking lot crash, call The Queenan Law Firm’s Flower Mound, TX car accident lawyers at (817) 476-1797 for a free case assessment.