Who is at Fault in a Parking Lot Car Accident - Iowa Law

A parking lot might seem like a fairly low-risk zone, but accidents happen all of the time. Whether it's a small fender-bender while backing out of a parking space or a more serious car accident, fault matters. Thus, there is one question: Who is at fault?

Determining fault in a parking lot accident depends on a number of details, and in many cases, it's more complicated than you might think. In Iowa, the same rules apply in parking lots that apply on public roads. However, since most parking lots are privately owned, determining fault can be complicated.

This is why it's important to talk to an attorney for a free consultation if a parking lot collision occurs. They can also help with explaining who is at fault in a roll over car accident Iowa.

Common Types of Parking Lot Accidents

Parking lot collisions happen in a number of different ways. Here are some common scenarios:

• Two drivers backing out at the same time and hit each other

• One car backs into a parked car or a moving vehicle

• A driver hits a car when turning in or out of the parking lane

• A driver pulling out of a feeder lane hits another driver

• Two vehicles fighting to get into the same parking spot from the opposite direction

• Pedestrian gets struck by a vehicle

• Rear end collision at a yield sign or stop sign

Though these accidents might seem small, even at a low speed, they can lead to injury claims, high medical bills, property damage, and insurance disputes.

Iowa is an At-Fault Insurance System

Iowa is one of the "at-fault" states. This means that the driver who is responsible for the accident is also responsible for paying for damages. Claim adjusters from the drivers' insurance companies will investigate to determine who caused the accident, and then assign a percentage of fault to each driver. The driver with the greater percentage is the one at fault. However, there are a few things to keep in mind.

If a driver is found to be 100% at fault, that at fault driver must pay all of the damage, including damages, medical bills, etc, for the other driver. If both drivers involved are found to have some fault in the accident, Iowa's modified comparative fault rule applies.

According to this rule, if either driver is found to be less than 51% at fault, than the compensation owed is reduced by the percentage of fault.

Who Has the Right of Way in a Parking Lot?

One of the reasons car accidents happen in a parking lot is because drivers don't understand right of way. Drivers approaching may or may not have right of way. Thus, the main way fault is determined is to study the accident scene and figure out who had the right of way in the situation.

Here are some of the general guidelines in Iowa for right-of-way:

• As a general rule, pedestrians almost always have the right of way in a parking lot. Vehicles are required, by law, to yield to anyone walking through crosswalks or through common pedestrian areas.

• Drivers leaving a parking spot must yield to cars in the parking lane. In other words, anyone who is backing out of or pulling into a space has to yield to moving traffic.

• Cars in the through lane have the right away. This is the main driving lane in parking lot that connects to an entrance or an exit. If a driver is pulling into or out of a through lane, the car that is already in the lane has the right of way.

• Traffic signs must be obeyed, and a red light or green light might also play into the scenario. Even on private property, signage in a parking lot is important, and the parking lot owner must display appropriate signs.

Common Scenarios - Who is at Fault?

Common scenarios can show more about who might be at fault in a parking lot accident:

Two Cars Backing Out Simultaneously

When two cars are backing out at the same time and hit each other, it is generally considered a shared fault situation. Both drivers had a duty to ensure their path was clear on the opposite side before they backed out of the space. Unless a driver is found to be clearly negligent, the fault is usually split 50/50.

A Car Backs Into a Vehicle Driving in the Through Lane

In a parking lot, the car in the through lane generally has the right of way. This means that if the driver pulls out of the spot and hits a car in the through lane, the driver backing out is typically found to be at fault. The only caveat here is if the moving driver was speeding, not paying attention, or distracted by a cell phone or other situation.

Two Cars Collide When Vying for the Same Spot

If two drivers are both trying to take the same parking space, fault usually depends on position. If one vehicle has already started turning into the spot, or it is clear that their vehicle has more claim to the space, the other driver is generally considered at fault. In this case, witness statements and video evidence is very helpful, and other evidence can help determine liability.

Driver Hits a Parked Car

In the case of a driver hitting a parked car, the moving driver is almost always at fault. There are exceptions, however. For instance, if the parked car was parked illegally, or if it is parked in a dangerous way, i.e. across two spaces or outside of marked lanes, it could be a shared fault situation.

Rear End Accidents at a Stop Sign or Exit

A rear end collision is often the fault of the driver that is following the other. This often happens when a car tries to go left of center, or to the left side to pass. However, if the lead car stops abruptly for no reason, it could be considered a shared fault situation.

Determining Fault in Iowa Parking Lot Accidents

Iowa law requires a full investigation into accidents in order to determine fault. Insurance adjusters, police officers, and even courts will look at the accident scene to determine which driver is at fault. Some of the things they consider include:

• Photos and videos of the accident scene and damage

• Injuries and property damage

• Statements from both drivers

• Witness accounts

• Incident reports

• Parking lot layout and signage

• Position of other vehicles

It's important to keep in mind that many drivers who get involved in a minor parking lot crash don't call police. However, insurance companies can still assign fault based on the information available. For legal advice, contact the best car accident attorneys in Des Moines.

Driver's Involved in a Parking Lot Accident Should Call a Lawyer

Any driver who has been involved in a parking lot accident should call the police, share contact and insurance information, and then talk to a personal injury lawyer to recover damages. They can also advise on who is at fault in a pedestrian accident Iowa.

This is especially the case if there are injured victims seeking compensation following the accident.

A lawyer can help file an insurance claim, communicate with the other driver's insurance company, and gather evidence. Tom Fowler Law helps drivers and pedestrians involved in parking lot accidents. Free consultations are available.