Who is Liable in a Parking Lot Accident in Florida?

Parking lot accidents take place frequently in Florida. Although most involve minor fender benders, most drivers don’t know how to handle the situation. This article will answer some of the most common questions following an accident in a parking lot. If you have been injured due to another driver’s negligence, it is important to speak with an experienced personal injury attorney as soon as possible.

How to Determine Fault in a Parking Lot Accident?

Under Florida law, in a negligence lawsuit, if you are partly at fault for your injuries, the percentage of your fault will be deducted from the amount of damages you can recover from the rest of the Defendants (the people being sued). This is because Florida is one of 13 states that follows the pure comparative negligence rule, which assigns a percentage of fault to each party and apportions the damages accordingly.

Parking lots are considered private property. As a result, laws that apply to moving vehicles on public roads do not always apply. This can make determining fault complicated. In most parking lot accident cases, liability for an accident is attributed to two or more parties with varying percentages of fault. Generally, when only one car is moving, the driver of the moving vehicle is typically at fault for the accident. Even if you back into a car that’s double-parked or that’s extending out into the driving lane, the driver of the moving car will likely be at fault.

When both cars involved in the accident are moving, only one car has the right-of-way based on the traffic pattern. Determining who has the right-of-way in a parking lot accident can be challenging. And while parking spaces may just be guidelines, any clearly marked traffic lanes are enforceable. In most cases, whichever driver doesn’t have the right-of-way is at fault for the accident.

Was Your Accident Caused by Improper Maintenance of The Parking Lot?
Florida law requires property owners to maintain their parking lots by providing adequate lighting and removing debris. If your accident was caused by improper maintenance of the parking lot, you may be able to take legal action against the parking lot owner. The dangerous condition of a parking lot may give rise to premises liability.

Speak with a Personal Injury Attorney
Parking lot accidents are among the most common types of accidents in the state of Florida. If you have been injured in a parking lot accident, it is important to understand your legal rights under Florida law. Those who have been involved in an accident of any kind could suffer serious injuries that may take months or years to recover from. Talking with an attorney may make it easier to get the money or other resources they need in order to make a full recovery, or as close to a full recovery as possible. Compensation may be available to help pay, both now and in the future, for lost wages and medical bills that were incurred as a result of the injury.

Let the car accident attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.

Contact us today at 786 Lawyers for a free consultation!