Most drivers slow down the moment they pull into a parking lot, assuming the low speeds and familiar surroundings make them safer. The reality, however, is that parking lots are some of the most hazardous places a driver or pedestrian can encounter, and when a collision happens there, figuring out who is responsible can be anything but simple.
At Mandelbaum Barrett PC, our personal injury attorneys have decades of experience helping New Jersey drivers, pedestrians, and property owners navigate the complicated liability questions that arise after parking lot crashes. We take on insurance companies every day, and we know how to build the kind of case that gets our clients the compensation they deserve.
Are Parking Lots Dangerous?
Many people assume that because vehicles move slowly in parking lots, the risk of serious injury is low. That assumption is dangerously wrong. According to the National Safety Council, tens of thousands of crashes occur in parking lots and garage structures every year, resulting in hundreds of deaths and thousands of injuries across the country. Distracted driving is a leading cause, with two-thirds of drivers admitting they would make phone calls while navigating a parking lot.
In New Jersey, where shopping centers, commuter lots, and dense commercial corridors are a constant part of daily life, parking lot collisions are a routine occurrence. The injuries they cause, including whiplash, broken bones, head trauma, and soft tissue damage, can be just as serious as those from highway crashes.
Who Is at Fault in a Parking Lot Collision?
Determining fault in a parking lot crash is rarely as straightforward as it is on a public road. Several parties can share responsibility, and New Jersey’s modified comparative negligence law governs how that fault is divided.
Driver liability
In most parking lot crashes, at least one driver bears primary responsibility. Common fault scenarios include a driver backing out of a spot without yielding to moving traffic, a driver cutting across unmarked lanes, a driver who was texting or otherwise distracted at the time of the crash, and a driver who ignored posted stop signs or directional arrows within the lot. As with any car collision in New Jersey, a driver who fails to exercise reasonable care and causes injury can be held liable for the resulting damages.
Property owner liability
When a parking lot’s physical condition contributes to a crash or injury, the owner of the property may also face liability. Poor lighting, faded lane markings, unmarked pedestrian walkways, potholes, and inadequate signage can all create conditions that make collisions and falls more likely. New Jersey premises liability law requires property owners to maintain reasonably safe conditions for all visitors, including drivers and pedestrians using their lots. When they fail to do so, they can be held responsible for injuries that result from those dangerous conditions.
Comparative negligence and shared fault
New Jersey follows a modified comparative negligence rule, which means more than one party can be at fault for the same crash. If you are partially responsible for the collision, your compensation will be reduced by your percentage of fault. However, you can still recover damages as long as you are found to be less than 51% at fault. Understanding how this rule applies to your specific situation is critical, as insurance companies often try to assign a larger share of fault to the injured party in order to reduce what they pay out. Our attorneys understand how this works and are prepared to push back. You can learn more about how shared fault operates in New Jersey by reviewing how comparative negligence affects pedestrian cases.
How to File a Claim After a Parking Lot Accident
Taking the right steps immediately after a parking lot crash can make a significant difference in the outcome of your claim. The following steps are important to protect your rights and preserve evidence.
Report and document the crash. Even if the collision seems minor, notify the property owner or security personnel and call the police if anyone is injured. Take photos of the vehicles, the point of impact, the surrounding lot conditions, and any posted signage. If there are witnesses, collect their names and contact information.
Seek medical attention promptly. Injuries like whiplash and concussions do not always present symptoms right away. Getting checked out by a doctor creates a medical record that links your injuries to the crash, which is essential for any insurance claim or lawsuit.
Preserve all evidence. Do not repair your vehicle or discard any items involved in the crash before your attorney has had a chance to evaluate them. Security camera footage from the lot is often overwritten within days, so acting quickly to preserve that evidence can be the difference between a strong case and a weak one.
Contact Mandelbaum Barrett PC for Help With Your Case
Parking lot crashes can involve multiple liable parties, conflicting insurance policies, and aggressive adjusters who are looking for every reason to minimize your payout. With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We serve clients across New Jersey from five convenient locations, and we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
If you or someone you love was injured in a parking lot collision, do not wait to get legal help. Contact Mandelbaum Barrett PC today to schedule your free consultation and find out what your claim may be worth.