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Parking lots and parking garages are environments we navigate daily, often on autopilot. We associate them with the mundane tasks of shopping, working, or attending events at places like the Auburn Mall or near Jordan-Hare Stadium. Because speeds are low and the distances are short, there is a common and dangerous misconception that these areas are safe. The reality is quite different. The combination of moving vehicles, distracted drivers searching for spots, and vulnerable pedestrians creates a high-risk environment for accidents that are often far more complex than a typical collision on a public street.
Unlike an accident on a main road like College Street or Shug Jordan Parkway, a parking lot collision does not always follow standard procedures. Several factors contribute to the legal challenges that victims often face.
Private Property vs. Public Roadways: Most parking lots are private property. While the rules of the road offer general guidance, specific traffic laws may not be fully enforceable. Police may be reluctant to respond or issue citations unless there are serious injuries or criminal behavior involved, often leaving the parties to sort it out themselves.
Lack of Official Reports: Without a police report, there is no official, impartial record of what happened. This can quickly turn a claim into a “he said, she said” dispute with the insurance companies, making it harder to establish the facts.
Confusing Right-of-Way: The layout of a parking lot can be ambiguous. Thoroughfares are the main lanes that feed into or exit the lot, and drivers in these lanes generally have the right-of-way. Feeder lanes are the smaller lanes between rows of parking spots. A driver in a feeder lane must yield to a driver in a thoroughfare. However, when two drivers back out simultaneously or meet in an unmarked intersection, determining who had the right-of-way can be incredibly difficult.
Premises Liability: Sometimes, the driver is not the only one at fault. The property owner or manager has a duty to maintain a reasonably safe environment. If they fail to do so, they could be partially liable for the accident.
Unlike an accident on a main road like College Street or Shug Jordan Parkway, a parking lot collision does not always follow standard procedures. Several factors contribute to the legal challenges that victims often face.
Private Property vs. Public Roadways: Most parking lots are private property. While the rules of the road offer general guidance, specific traffic laws may not be fully enforceable. Police may be reluctant to respond or issue citations unless there are serious injuries or criminal behavior involved, often leaving the parties to sort it out themselves.
Lack of Official Reports: Without a police report, there is no official, impartial record of what happened. This can quickly turn a claim into a “he said, she said” dispute with the insurance companies, making it harder to establish the facts.
Confusing Right-of-Way: The layout of a parking lot can be ambiguous. Thoroughfares are the main lanes that feed into or exit the lot, and drivers in these lanes generally have the right-of-way. Feeder lanes are the smaller lanes between rows of parking spots. A driver in a feeder lane must yield to a driver in a thoroughfare. However, when two drivers back out simultaneously or meet in an unmarked intersection, determining who had the right-of-way can be incredibly difficult.
Premises Liability: Sometimes, the driver is not the only one at fault. The property owner or manager has a duty to maintain a reasonably safe environment. If they fail to do so, they could be partially liable for the accident.
Nearly every parking lot accident is preventable and stems from some form of negligence. A thorough investigation is required to pinpoint the specific actions that led to the crash.
Distracted Driving: This is arguably the number one cause. Drivers are often looking at their phones, adjusting the radio, or scanning for an open parking space instead of watching for other cars and pedestrians.
Failure to Yield: A driver pulling out of a parking spot must yield to traffic in the lane behind them. Similarly, drivers in feeder lanes must yield to those in the main thoroughfares. Ignoring this basic principle is a frequent cause of collisions.
Unsafe Backing: Many modern vehicles have backup cameras, but they do not eliminate blind spots. Drivers often back out too quickly or without looking thoroughly in all directions, striking vehicles or pedestrians they did not see.
Speeding: While speeds are lower than on the road, many drivers travel too fast for the congested and unpredictable parking lot environment, reducing their reaction time.
Poor Lot Design or Maintenance: An accident can be caused or made worse by the property owner’s negligence. This includes issues like:
Overgrown landscaping that obstructs the view of intersections or walkways.
Disregarding Signage: Many drivers ignore stop signs and directional arrows within a parking lot, treating the area as a free-for-all and creating dangerous conflicts.
Two Drivers, One Spot: A common scenario involves two drivers heading for the same open parking space, which can lead to sideswipes or head-on collisions at a low speed.
The assumption that low-speed impacts only cause minor injuries is a dangerous one. For a pedestrian, cyclist, or even an occupant in a car, the forces in a parking lot crash can be significant and lead to lasting harm.
Traumatic Brain Injuries (TBIs): For a pedestrian who is knocked to the ground, striking their head on the pavement or a vehicle can cause a concussion or a more severe TBI. Even for vehicle occupants, a sudden jolt can cause the head to hit a window or steering wheel.
Fractures and Broken Bones: Pedestrians are completely exposed and can easily suffer broken legs, hips, or arms when struck by a vehicle of any size.
Soft Tissue Injuries: Whiplash is a very common injury in these incidents. The sudden stop-and-start impact can violently jerk the head and neck, leading to severe pain and restricted mobility in the neck, shoulders, and upper back.
Back and Spinal Cord Injuries: The twisting motion of an impact can cause herniated discs or other serious back injuries that result in chronic pain and may require extensive medical treatment.
Knee, Hip, and Joint Injuries: Pedestrians often suffer severe injuries to their lower extremities when they are pinned between two cars or knocked over by an impact.
Injuries to Children and the Elderly: These individuals are particularly vulnerable. Small children may not be visible to a driver who is backing up, and elderly individuals may not be able to move out of the way of an approaching vehicle quickly enough.
The severity of these crashes should never be underestimated. A negligent driver who causes a head-on collision while cutting across parking spots can inflict the same devastating harm as one on a major highway.
Establishing fault is the most critical and contentious aspect of a parking lot accident claim. Alabama follows a strict legal doctrine called “pure contributory negligence.” This rule states that if you are found to be even 1% at fault for the accident that caused your injuries, you are completely barred from recovering any compensation from the other party. Insurance companies are well aware of this and will use it to their advantage, attempting to shift even a small amount of blame onto you to deny your claim entirely.
To build a successful case, we must gather compelling evidence to prove the other party was 100% responsible. This includes:
Surveillance Footage: Many retail and commercial properties have security cameras overlooking their parking lots. This video evidence can be invaluable in showing exactly what happened.
Witness Statements: An independent witness who saw the accident can provide an objective account that refutes the at-fault driver’s version of events.
Photographs and Videos: Documenting the position of the vehicles, the damage to each car, and the overall layout of the parking lot can help reconstruct the accident.
Expert Testimony: In complex cases, an accident reconstruction professional can analyze the evidence to provide a scientific opinion on how the collision occurred and who was at fault.
If you were injured due to another person’s negligence, you have the right to seek compensation for the full range of your losses. We work diligently to identify and document all of your damages to ensure your claim reflects the true impact the accident has had on your life.
Economic Damages
These are the calculable financial losses tied directly to the accident.
Medical Expenses: This includes all costs for emergency care, hospital stays, surgery, doctor’s appointments, physical therapy, medication, and any future medical treatment you may require.
Lost Wages: Compensation for the income you lost while you were unable to work during your recovery period.
Loss of Future Earning Capacity: If your injuries result in a permanent disability that impacts your ability to earn a living, you can be compensated for this long-term financial loss.
Property Damage: The cost to repair or replace your vehicle and any personal items damaged in the crash.
Non-Economic Damages
These damages compensate for the profound, personal losses that do not have a specific price tag.
Pain and Suffering: Compensation for the physical pain, discomfort, and emotional trauma you have endured.
Mental Anguish: This covers the psychological impact of the accident, such as anxiety, depression, fear, and post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, family activities, and other pursuits you once enjoyed, you may be entitled to compensation for this loss.
The actions you take in the minutes and hours after a parking lot accident can protect your health and your legal rights.
Prioritize Safety and Health: Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately.
Contact the Police: Even on private property, request that a police officer come to the scene. An officer can document the incident, which can be useful evidence.
Document the Scene: Use your phone to take extensive photos and videos of the vehicle damage, the position of the cars, any skid marks, relevant signage, and the overall conditions of the lot.
Exchange Information: Get the other driver’s name, contact information, driver’s license number, and insurance details. Provide them with your information as well.
Speak to Witnesses: If anyone saw what happened, get their name and phone number. Their testimony could be vital.
Do Not Admit Fault: Do not apologize or say anything that could be interpreted as an admission of guilt. Stick to the facts of what happened.
Seek Medical Attention: Even if you feel fine, get a medical evaluation. The adrenaline from an accident can mask pain, and some serious injuries have delayed symptoms.
Consult with an Attorney: Before giving a recorded statement to any insurance company, speak with a knowledgeable personal injury lawyer who can advise you on how to proceed.
This is a hit-and-run crime. Report it to the police immediately. Check for any surveillance cameras that might have captured the incident. Your own uninsured motorist (UM) coverage may apply in this situation to cover your damages.
Yes, in some cases. If the accident was caused by hazardous conditions like massive potholes, inadequate lighting, or obstructed signage, the property owner could be held liable for failing to maintain a safe environment.
As a pedestrian, you have the right to seek full compensation from the at-fault driver’s insurance policy. These cases often involve very serious injuries, and it is important to have a strong legal advocate to fight for your rights.
Yes. Minor vehicle damage can be surprisingly expensive to repair properly. Furthermore, what feels like minor soreness can develop into a chronic and painful injury days later. It is always wise to document the incident and understand your options.
It makes your case much more challenging. The other driver’s insurance company will investigate every possible angle to argue that you were partially to blame, perhaps you were backing out too fast or not paying full attention. This is why having an attorney who can build a strong case proving the other driver was 100% at fault is so important.
You should not have to bear the financial and emotional burdens of an accident that someone else caused. A parking lot accident claim presents unique challenges that require the attention of a skilled legal professional. At Alsobrook Law Group, we are committed to protecting the rights of injured victims in Auburn and the surrounding communities. We will handle all communications with the insurance companies, conduct a thorough investigation, and fight for the maximum compensation you are owed.
We invite you to contact us at 334-737-3718 for a free, no-obligation consultation to discuss your case. We will listen to your story, answer your questions, and explain how we can help you on the path to recovery.
Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…
The Alsobrook Law Firm is located in Opelika, AL and serves clients in and around Opelika, Loachapoka, Auburn, Salem, Waverly, Cusseta, Smiths, Barbour County, Bullock County, Calhoun County, Chambers County, Clay County, Cleburne County, Coosa County, Dale County, Elmore County, Henry County, Lee County, Macon County, Montgomery County, Pike County, Randolph County, Russell County, Talladega County and Tallapoosa County.
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