Who Is Liable for a Parking Lot or Parking Garage Accident?

If you were injured in a parking lot or parking garage accident in Orange County, California, determining who is legally responsible for the accident is one of the most important issues in your case. The person, business, or property owner responsible for your injuries may be required to compensate you for medical expenses, lost wages, pain and suffering, and other damages. Although many parking lot accidents are caused by negligent drivers, liability can also extend to property owners, parking garage operators, management companies, or businesses that failed to maintain the premises in a reasonably safe condition.

Driver Liability for a Parking Lot or Parking Garage Accident

The most common source of liability is driver negligence. Under California Civil Code § 1714, individuals are legally responsible for injuries caused by their failure to use ordinary care. Drivers must operate safely whether they are on a public roadway, in a shopping center parking lot, or inside a multi-level parking structure.

A driver may be liable in a car accident when the driver backs out without checking for approaching traffic, fails to yield, drives too fast for conditions, ignores signs or markings, drives distracted, makes an unsafe turn, or strikes a pedestrian. In many cases, liability comes down to whether the driver acted reasonably under the circumstances.

Liability in Parking Lot Backing-Up Accidents

Backing-up accidents are among the most common parking lot collisions. These crashes often happen when a driver reverses from a parking stall into a travel lane occupied by another vehicle. Because the driver backing up is entering an active lane of travel, that driver is often found liable for failing to make sure the movement could be completed safely.

Fault is not automatic. A driver traveling through the parking lot may share responsibility if that driver was speeding, driving recklessly, or failing to pay attention. Because drivers often dispute how the crash occurred, surveillance footage, photographs, witness statements, and vehicle damage can be important in determining liability.

Who May Be Responsible When a Pedestrian Is Hit in a Parking Lot or Parking Garage?

Pedestrian accidents are often serious because pedestrians have little protection from a moving vehicle. Drivers must watch for people walking to and from vehicles, crossing traffic lanes, loading purchases, or moving through a parking structure. When a driver fails to use reasonable care and strikes a pedestrian, that driver may be liable for the resulting injuries.

California Vehicle Code § 22517 may also be relevant if someone opens a vehicle door into moving traffic when it is not reasonably safe. If a pedestrian, bicyclist, or motorist is injured because a vehicle door was opened unsafely, the person who opened the door may be legally responsible.

Property Owner Liability for a Parking Lot or Parking Garage Accident

Not every parking lot accident is caused only by a negligent driver. The owner or operator of the parking lot or parking garage may be liable when a dangerous property condition contributes to the accident. Under California Civil Code § 1714, property owners generally have a duty to use reasonable care in maintaining their premises.

Dangerous conditions may include inadequate lighting, obstructed sight lines, missing stop signs, faded directional markings, broken gates or barriers, malfunctioning parking equipment, unsafe traffic flow patterns, or significant pavement defects. To establish liability against a property owner, it is generally necessary to show that the dangerous condition existed on the parking lot, that the owner knew or reasonably should have known about it, and that the condition was a significant factor in causing the injury.

When Multiple Parties Are Liable for a Parking Lot Accident

Many parking lot and parking garage accidents involve more than one negligent party. A driver may fail to pay attention while a property owner fails to maintain safe conditions. A parking garage operator may ignore a known hazard while another driver acts carelessly. In these situations, multiple defendants may be liable.

Under California Civil Code § 1431.2, if more than one party is liable for the accident, each defendant is generally responsible for paying their share of non-economic damages, such as pain and suffering. Identifying every liable party is important because it may increase available insurance coverage.

Do California Traffic Laws Apply in Parking Lots and Parking Garages?

Certain California traffic laws can apply in parking lots and parking garages depending on the circumstances. California Vehicle Code § 23103 applies to reckless driving in off-street parking facilities. California Vehicle Code § 21107.8 also permits local governments to make certain provisions of the California Vehicle Code applicable to privately owned off-street parking facilities that are generally open to the public.

How Liability Is Proven After a Parking Lot or Parking Garage Accident

The major question in every parking lot and parking garage accident claim is who caused the accident. Evidence may include surveillance video, photographs of the scene, witness statements, vehicle damage, maintenance records, incident reports, and other proof showing how the collision occurred.

Taking legal action without delay matters because surveillance footage may be overwritten, physical conditions may change, and witnesses may become difficult to locate. Preserving evidence early can help identify all responsible parties and protect your claim.

Orange County California Parking Lot Accident Lawyer

If your parking lot or parking garage accident happened because a driver was careless or a property owner failed to maintain a safe parking area, you need answers about liability before critical evidence disappears. Law Offices of Samer Habbas & Associates has recovered more than $400 million for injury victims and has been recognized by Best Lawyers®, National Trial Lawyers Top 100, and AVVO with a 10.0 Superb Rating. The firm has also recovered compensation in premises liability cases involving parking areas, including a $615,000 parking lot injury recovery. Get Samer on Your Side. Contact Law Offices of Samer Habbas & Associates by calling (888) 848-5084 or contacting us online for a free consultation with an Orange County premises liability lawyer.