Parking lots are often busy environments where both pedestrians and vehicles take up the same space. Unlike open roads, parking lots have unique dynamics with marked crosswalks, parking spaces, stop signs, and yield signs, all of which contribute to a more complex and slower-paced environment where both drivers and pedestrians must remain vigilant.
Brown & Gessell: Advocating for Pedestrian Safety
At Brown & Gessell, we are dedicated to protecting the rights of pedestrians. Whether you are walking across a busy intersection or navigating a parking lot, we believe in advocating for your safety.
- Personal Injury Law: We help injured individuals recover compensation. If you have been in an accident and need a personal injury lawyer, Brown & Gessell will work with you to recover compensation.
- Car Accidents: Representing victims of vehicle-related accidents, including parking lot accidents. With Brown & Gessell, you get a car accident lawyer who will fight for your rights.
- Pedestrian Safety: Focusing on cases where pedestrians are injured by vehicles or hazardous conditions.
- Slip and Fall Accidents: Protecting the rights of individuals injured due to unsafe conditions in parking lots and other premises.
- Wrongful Death: Providing legal representation to families who have lost loved ones due to negligence.
Understanding Pedestrian Rights in Parking Lots
Pedestrians generally have the right-of-way in parking lots, especially in marked crosswalks or designated walkways. While state laws vary, parking lots are often governed by similar principles as pedestrian rules on roads. However, parking lots can be more ambiguous because there are fewer formal traffic controls, like traffic lights and speed limits.
According to California law, drivers must exercise caution around pedestrians and yield to them when they are legally crossing paths. In a parking lot, this responsibility extends to intersections, marked pedestrian pathways, and entrances to stores or buildings. Despite this, the informal and chaotic nature of parking lots means both drivers and pedestrians must remain vigilant.
While pedestrians may have the right-of-way in a parking lot, there is a shared responsibility to avoid parking lot accidents. Pedestrians should avoid darting out into traffic unexpectedly and always make sure that they are visible to drivers.
Parking Lot Legal Guidelines and Traffic Laws
The legal landscape governing parking lots can be difficult as they are technically private property, which may mean traffic laws differ from public roads. However, they are designed for both vehicle and pedestrian traffic, requiring both groups to follow certain safety rules.
Pedestrians in Crosswalks
In California, pedestrians have the right-of-way in marked intersections and crosswalks. Vehicles driving through these areas are required to stop for pedestrians whether in a parking lot or on the road.
Unmarked Crosswalks
In some cases, pedestrians may still have the right-of-way even in unmarked crosswalks. This applies to areas near entrances to businesses, where pedestrians commonly walk.
Speed Limits
Taking into account the crowded and unpredictable nature of parking areas, the property owner may impose low speed limits (typically 5 to 10 mph) to ensure that drivers are required to travel at a safe speed.
Yielding to Pedestrians
Drivers must always yield to pedestrians who are walking in areas where vehicles are expected to stop, such as near store entrances and pedestrian walkways.
Driver Negligence
If a driver fails to yield to pedestrians or drives recklessly in a parking lot, they could be held liable for any injuries or damages caused.
Common Causes of Parking Lot Accidents
Parking lot accidents are unfortunately fairly common. Though vehicles often move at low speeds, the crowded environment and multiple distractions can lead to collisions involving pedestrians.
Backing Up Accidents
Drivers often back up out of parking spots without properly checking their rear-view mirror to ensure that there is not someone walking behind their vehicle.
Distracted Driving
Many drivers do not wait to check their phones, adjust their GPS, or otherwise get distracted when pulling out of their parking spot, making it easy to overlook a pedestrian who is walking by.
Poor Visibility
A parking lot accident may occur because of blind spots, poor lighting, or distracted drivers who fail to notice a pedestrian walking through oncoming traffic, leading to unexpected collisions and potential injuries.
Speeding
Even though speed limits are typically lower in parking areas, drivers may not see the traffic signs, and fail to adhere to them, increasing the likelihood of auto accidents.
Pedestrian Inattention
A pedestrian accident may occur if they are distracted—texting or not paying attention to oncoming traffic—leading to dangerous situations.
Real-World Example
A parking lot accident may seem like an uncommon occurrence but without traffic signals and considering the number of vehicles crossing paths where people are walking, they are unfortunately full of potential hazards. Each pedestrian needs to stay alert, even if they are in a crosswalk, and have the right-of-way.
A woman was standing on a grocery store sidewalk when an employee lost control of his car, drove onto the sidewalk, and ran her over. Trapped beneath the vehicle, she was dragged several feet before bystanders, including her husband, lifted the car to free her. She suffered serious injuries, including multiple pelvic fractures and a collapsed lung.
Initially, two attorneys pressured her to settle for the employee’s minimum insurance limits, citing the difficulty of suing the grocery store. Frustrated, she turned to Brown & Gessell, who, after extensive depositions, secured a settlement over 40 times the original offer, enabling her to receive critical medical care and compensation after her accident.
Tips for Pedestrians to Stay Safe in Parking Lots
While drivers are legally obligated to be cautious, each pedestrian should take proactive steps to ensure their safety.
Stay in the Marked Crosswalk
Whenever possible, walk in designated pedestrian walkways or crosswalks. These areas are designed to give you a clear and safe path, and drivers are more likely to yield to you in these spaces.
Make Eye Contact with Drivers
Before crossing in front of a vehicle in a parking space or driving, make sure to establish eye contact with the driver. This ensures that they see you and are more likely to yield to your right of way.
Avoid Distractions
Stay alert and avoid looking at your phone while navigating a parking lot. Being distracted can lead to accidents with vehicles or tripping hazards.
Watch for Backup Lights
Be mindful of cars backing out of parking spaces, as drivers may not always see people behind them. If you notice a vehicle’s back-up lights, give it extra space.
Use Caution at Night
Generally speaking, visibility is lower at night or in poorly lit areas. Wear bright or reflective clothing if walking in the dark, and use extra caution when crossing paths with vehicles.
What to Do if You are Injured in a Parking Lot
If you are injured in a parking lot, taking immediate action is crucial to ensure your rights are protected and your injuries are properly addressed.
- Seek Medical Attention: Even if your injuries seem minor, seek medical attention right away. Some injuries may not show symptoms immediately so getting evaluated by a healthcare professional is important.
- Document the Scene: Take photos of the accident scene, the vehicle involved, and your injuries. If there were witnesses, try to collect their contact information as well.
- File a Report: Depending on the situation, you may need to file a police report or a report with the business where the parking lot is located.
- Consult an Attorney: If the accident was due to a driver’s negligence or hazardous conditions in the parking lot, consult an attorney who specializes in personal injury law. Brown & Gessell can provide you with the legal assistance you need to pursue compensation for your injuries.
How Brown & Gessell Can Help You
If you or a loved one has been injured in a parking lot, involved in a motorcycle accident, or an Uber accident, Brown & Gessell is here to help. Our team of experienced personal injury attorneys will review your case, guide you through the legal process, and fight to ensure you receive the compensation you deserve. We handle all aspects of your case, from investigating the accident to negotiating with insurance companies and pursuing litigation if necessary.
Pedestrians have certain rights in parking lots, but both drivers and pedestrians share the responsibility of staying safe. Accidents in parking lots are unfortunately common, but by understanding your rights and taking precautions, you can reduce your risk. If an accident does occur, Brown & Gessell is committed to standing by your side and advocating for your rights. Do not hesitate to reach out to our team for legal support in personal injury cases involving parking lots, pedestrian safety, and more.