Parking Lot Accident Laws in Florida: What You Should Know By Chanfrau & Chanfrau on October 14, 2019

Car accidents, even minor ones, are never a good thing. A car accident lawyer can help whether an accident results in serious or little damage.

Parking lots are a common area where minor accidents occur. Although parking lot accidents are less likely to result in serious injuries to drivers, they can lead to significant vehicle damage. Determining liability can be difficult, especially when considering Florida laws. With that said, the attorneys of Chanfrau & Chanfrau would like to take a moment to consider parking lot accident laws in Florida.

Parking Lots Are Prime Areas for Accidents

When people drive in parking lots, they often have part of their attention focused on finding a parking space or they may have their field of view obstructed when backing out of a spot. Adding in other drivers and pedestrians makes the situation ripe for an accident.

Accidents can happen in a parking lot for a number of reasons. Some examples include:

Backing out into an approaching vehicle
Two drivers backing out of their spots at the same time
Two drivers trying to park in the same spot
Failing to stop at a parking lot stop sign
Failing to yield to pedestrians

Understanding Parking Lot Accident Laws

Because parking lots are such prime spots for car accidents, it's important to have an understanding of Florida parking lot laws whether you've been in an accident or not.

Having some knowledge of parking lot accident laws in Florida can be useful if you or a loved one is involved in an accident. Here are just a few key points about Florida parking lot accident laws to be aware of:

Florida Law Considers Parking Lots Private Property

In Florida, parking lots are considered private property. Because of this, typical laws that apply on public roads don't always apply in a parking lot accident. As a result, police may not respond to a parking lot accident, especially when there are no serious injuries.

Another important thing about parking lots being considered private property in Florida is that the law requires property owners to maintain their parking lots. This means the property owner needs to do things like provide adequate lighting, maintain the pavement, and remove debris.

Florida Is a No-fault State

Florida is a no-fault state, meaning it relies on the no-fault system of insurance. No-fault insurance is a type of insurance that provides coverage to a driver's own injuries and damages rather than paying for other parties involved in an accident.

However, fault is considered when injuries exceed the standard Personal Injury Protection coverage. In such situations, determining fault becomes crucial to helping injured parties get the compensation they deserve.

Determining Fault

Determining fault in parking lot accidents largely depends on who had the right of way and who infringed on it.

When a driver backs out into an oncoming vehicle, the driver backing out will most likely be found at fault since the oncoming vehicle has the right of way. Likewise, when a driver fails to stop at a stop sign in a parking lot, he or she is more likely at fault.

There are some situations in parking lots where both drivers may be held liable. One of the most common examples occurs when both drivers fail to look before backing out.

Sometimes a driver won't be at fault, but instead a property owner may be at fault. Under Florida law, if a parking lot accident was caused by a poorly maintained parking lot, the property owner may be held liable for damages.