In Texas, a parking lot crash is decided under ordinary negligence: drivers in a lot must keep a proper lookout, yield to traffic in the main lanes, and back out only when it is safe. A property owner can also be liable for dangerous lot design, lighting, or security. Owsley Law Firm handles parking lot injury claims for drivers and pedestrians and charges no fee unless it wins.
Do traffic laws apply in Texas parking lots?
Many Transportation Code rules are written for public roadways, and a private parking lot is not a highway. But the duty to drive carefully does not disappear on private property. A driver in a parking lot must keep a proper lookout, control speed, yield appropriately, and avoid striking people and vehicles, and failing to do so is negligence. Police may not write a full crash report for a lot crash, which makes your own documentation more important.
Courts and insurers generally treat drivers in the main through lanes of a lot as having priority over drivers leaving a parking space, and a driver backing up has a duty to make sure the path is clear.
Who is at fault in a parking lot crash?
Common patterns help sort out fault.
- A driver backing out of a space strikes a car traveling in the lane: the backing driver is usually at fault
- Two drivers back out at the same time: fault is often shared
- A driver cuts diagonally across empty spaces and hits a car: the cutting driver is usually at fault
- A driver pulls out of a feeder lane without yielding to the main lane: the yielding driver is usually at fault
- A driver strikes a pedestrian walking to or from a store: the driver usually carries most or all of the fault
- A driver speeding through the lot strikes anyone: the speeding driver is usually at fault
Can the property owner be liable?
A property owner or manager has a duty to keep the premises reasonably safe for customers. A lot with blind corners, missing stop signs, faded crosswalks, no lighting, or potholes can contribute to crashes and pedestrian injuries. Inadequate security can matter when an injury results from criminal conduct in a lot with a history of similar incidents. These are premises liability claims, which have different elements than a driver negligence claim and require proof the owner knew or should have known of the danger.
Are parking lot injuries serious?
Most vehicle-to-vehicle lot crashes happen at low speed, and insurers often argue that no one could be hurt. But people are hurt: neck and back injuries from an unexpected impact, shoulder and wrist injuries from bracing, and serious injuries to pedestrians, especially children and older adults, who are struck by a backing vehicle. A pedestrian struck in a lot can suffer fractures and head injuries even at low speed.
What evidence proves a parking lot claim?
Stores, malls, and apartment complexes usually have cameras covering their lots, but they record over footage quickly, sometimes within days. Ask the business manager to preserve the video and get the name of the person you spoke with. Photograph both vehicles, their positions, the lane markings, and any signs. Get the other driver’s insurance and contact information and the names of witnesses. If police come, ask for the report or incident number.
What if a pedestrian was hit in a parking lot?
Pedestrians in parking lots are vulnerable because drivers are looking for spaces, watching other cars, or backing up with limited visibility. Children are especially hard to see behind a vehicle. A driver who strikes a pedestrian in a lot is usually responsible, and the pedestrian’s own auto policy may provide PIP and UM coverage. If lighting, crosswalk design, or speed bumps were inadequate, the property owner may share responsibility.
How much is a parking lot accident claim worth?
Value depends on the injuries, the treatment, time away from work, and insurance. Low-speed crashes are frequently undervalued by insurers, which point to minor vehicle damage. Prompt medical care, consistent treatment, and a treating physician’s opinion connecting the injury to the crash are what answer that argument. Pedestrian claims from parking lots can be substantial when fractures or head injuries are involved.
What if the driver left after hitting me in a parking lot?
Hit-and-run crashes are common in parking lots. Report the crash to police and the property owner right away, and ask the property to preserve its video. Store cameras often capture the vehicle and sometimes the license plate. If the driver is never identified, your own uninsured motorist coverage may pay for injuries, and uninsured motorist property damage or collision coverage may pay for the vehicle, depending on your policy. Texas UM policies often require prompt reporting of a hit-and-run to police, so do not delay.
What should you do after a parking lot accident?
Check for injuries and call 911 if anyone is hurt. Exchange information with the other driver. Photograph everything before the vehicles move if it is safe. Ask the property for video. Get medical care if you have any pain, because symptoms of neck and back injuries often appear later. Report the crash to your insurer but do not give a recorded statement to the other driver’s insurer before getting advice. The two-year deadline under section 16.003 applies.
Common questions
What clients ask about parking lot accidents.
Who is at fault when two cars back into each other?
Often both drivers share fault, because each had a duty to check behind them. Video and the position of the vehicles can shift the percentages.
Will police come to a parking lot accident?
Police may respond, especially when someone is hurt, but they may not prepare a full crash report for a private lot. Document the scene yourself.
Can I sue the store if I was hit by a car in its parking lot?
The driver is usually the main defendant. The property owner may share liability if a dangerous condition such as poor lighting or design contributed.
What if the driver who hit my parked car left?
Report it to police and your insurer. Collision or uninsured motorist property damage coverage may apply, and store video may identify the driver.
Can I get hurt in a low-speed parking lot crash?
Yes. Unexpected impacts cause neck, back, and shoulder injuries, and pedestrians can be seriously hurt at low speeds.