Pedestrian Accident Attorneys | Who is at fault when a pedestrian is hit in a parking lot?

It’s in the best interest of drivers and pedestrians alike to pay attention in a parking lot. That said, when a pedestrian and a car collide in a parking lot, the pedestrian is usually injured more severely than the driver. Our team of pedestrian accident attorneys is here to provide clarity on who is at fault. 

That doesn’t mean that the liability, or who’s at fault, is straightforward as far as the law is concerned. Insurance companies benefit from these blurred lines of responsibility just to save money — often at your expense.

Every collision is unique. It’s critical to examine the particular details of your situation and ask, who is at fault if a pedestrian is hit by a car in a parking lot?

Who Is At Fault When a Pedestrian Is Hit By a Car In a Parking Lot — Key Takeaways

• The driver is typically at fault if a pedestrian is hit by a car in a parking lot, especially if the pedestrian is in a crosswalk or sidewalk. 

• However, there are situations where a pedestrian is considered at least partially at fault for the collision:

• If the pedestrian crosses behind a parked vehicle in a space that’s not marked as a crossing zone.

• If the pedestrian crossed in front of a moving vehicle without stopping, to determine if it was safe.

• If the pedestrian places themselves in a risky crossing situation by not paying attention, looking at their phone, going in the wrong direction, etc.

If you or a loved one were a pedestrian hit by a car in a parking lot, you have rights. If the other party’s negligence or lack of awareness caused the accident, you might be entitled to recover the damages they caused you. 

There are a lot of variables to consider when determining fault in an accident. This article goes into detail about how to find out who is at fault when a pedestrian is hit by a car in the parking lot. 

We’ll examine the details that decide whether the driver or pedestrian is at fault and when they share responsibility. We’ll also discuss what happens when a pedestrian is hit. Finally, we’ll consider how a free consultation with a pedestrian accident attorneys like our experienced team at Zinda Law Group can help you figure out just who was at fault for your collision before the insurance company has a chance to blur the lines. 

John (Jack) Zinda

Founder / CEO

Over 100 years of combined experience representing injured victims across the country.

Available 24 / 7|Free Consultation

Is The Driver At Fault If I Was Hit By a Car in a Parking Lot? Consult an experienced team of Pedestrian Accident Attorneys

When a pedestrian is hit by a car in a parking lot, many assume that the driver is automatically at fault since the pedestrian’s injuries are typically more severe. But the person whose negligence caused the accident is the person who’s legally liable or at fault.

When it comes to car accidents involving two or more people, the person found responsible is the one whose negligence or carelessness contributed most to the accident. The pedestrian has to prove the driver’s carelessness caused the wreck, regardless of how severe their injuries are. 

To prove the driver was negligent, the pedestrian has to show that:

• The driver that hit them had a duty of care 
  • Duty of care, in this case, is the legal responsibility to be alert and yield to/avoid harming any pedestrians in that particular part of the parking lot
• The driver violated their legal duty of care by being careless in some way
• The driver’s carelessness directly contributed to the accident
• The driver’s carelessness caused injuries, losses, and damages to the pedestrian that must be recovered

In a crosswalk without traffic signals, pedestrians have the right of way at all times. If there’s a traffic signal, ‌pedestrians have the right of way ‌when the walk signal is lit up. So, in unmarked crosswalks and on any sidewalk, the care of duty lies on vehicular traffic, as they’re expected to yield to pedestrians. 

However, in unmarked parts of a parking lot, both drivers and pedestrians have a duty of care. Insurance companies will use what they can against you to avoid paying the settlement you deserve, especially if you weren’t on a sidewalk or crosswalk. And even if you were in a crosswalk with the right away, insurance companies will try to offer you a fraction of what you deserve while you’re busy recovering. 

If you or someone you know were a pedestrian hit by a car in a parking lot, you have rights. A pedestrian accident attorneys will help you sort through the details of your case and won’t rest until you’re offered a settlement that’s fair.

What Happens When A Pedestrian Gets Hit By a Car?

We’ve seen pedestrians who are hit by cars in parking lots suffer broken bones, burns, road rash, head and neck trauma, and brain injuries. Mental anguish, pain and suffering, and spine trauma are also common. The vehicle’s speed and type of collision impact the severity of the injuries. 

Neil Solomon

Partner

Real results matter. We do not get paid unless we win your case.

Available 24 / 7|Free Consultation

What if a Pedestrian is Partially At Fault for a Car Accident? 

If the pedestrian’s actions or failure to act contributed to the accident, the pedestrian’s negligence is considered in violation of their duty to care. This is called contributory negligence, meaning that the pedestrian is partially at fault for the car accident.

If the pedestrian was walking behind a truck that was backing out or running in front of a car that was pulling into a spot, for example, they can be held partially liable for the damages caused by the accident, even if their injuries are more severe than those sustained by the driver.

A few specific situations where a pedestrian may be held partially at fault for getting hit by a car in a parking lot include: 

• Reading from or texting/talking on their phone while crossing a trafficked area.
• Crossing traffic with headphones on.
• Crossing without having the right of way.
• Failure to properly assess risks before crossing.
• Walking on the street instead of on the sidewalk.
• Crossing at night while wearing dark clothing.

Whether the pedestrian’s carelessness contributed to a parking lot accident is only part of the story. Contributory negligence may reduce the settlement amount, but the driver can still be found partially responsible.

Whether you were the pedestrian who was hit by a car in a parking lot or a driver who hit a pedestrian you feel contributed to the wreck, Zinda Law Group offers a free attorney consultation. We’ll review the facts of your case and explain your rights in the situation.

Jason Aldridge

Attorney

Standing by 24 hours a day, 7 days a week ready to answer in your time of need.

Available 24 / 7|Free Consultation

Final Thoughts on What to Do If You’ve Been Hit By a Car in a Parking Lot 

The first thing to do when a pedestrian’s been hit by a car in a parking lot is to call an ambulance and seek immediate medical attention. If you’re able, get details from the driver, including their insurance info and statements from other witnesses on their reports of how the collision happened. 

File a police report documenting your version of the story and ask for a copy. Save all your medical documents. Finally, book a free consultation with a pedestrian accident lawyer before you accept any settlement offers from the driver’s insurance company.

If you or someone you know sustained mental, physical, emotional, and financial damages due to a parking lot collision, you may be tempted to turn the situation over to insurance and let them work out the details while you recover from the incident.

Regardless of your role in contributing to the collision, the insurance company doesn’t care as much about your interests as they do about saving money. 

Zinda Law Group offers a free consultation. We’ll examine the details of your case and discuss your options at no cost. If we move forward with your case, we’ll simply take a percentage of your settlement if you win —no win, no fee. 

Don’t let ‌insurance companies dictate the terms of your recovery. Take the first step toward reclaiming your life by contacting Zinda Law Group today.

Jason Aldridge

Attorney

We have successfully represented clients in a wide variety of cases across the country.

Available 24 / 7|Free Consultation