Parking Lot “Right of Way” Myths

Parking lots feel low-risk, slow speeds, short distances, and constant stop-and-go traffic. But when accidents happen in private shopping centers, determining who had the “right of way” isn’t always as straightforward as people think. If you’ve been involved in a New Haven auto accident in a parking lot, these common myths can lead to costly misunderstandings.

Parking Lot “Right of Way” Myths

Q: Whoever is in the main driving lane always has the right of way, right?
A: Not necessarily. While drivers in through lanes (the lanes that run up and down parking aisles) are often given priority over those backing out or leaving a parking space, that doesn’t mean they’re automatically free from liability. All drivers in a parking lot have a duty to proceed cautiously, watch for pedestrians, and anticipate unexpected movements.

Q: If someone backs into me, they’re automatically at fault?
A: This is one of the most common misconceptions. While a driver backing out of a space is often presumed to be at fault, liability can be shared. For example, if the other driver was speeding, distracted, or cutting through lanes improperly, they may bear partial responsibility.

Q: Parking lots are private property, so traffic laws don’t apply?
A: False. While parking lots are technically private property, many standard traffic rules still apply, especially when it comes to negligence. Insurance companies evaluate these accidents using similar principles as roadway collisions, including right of way, reasonable care, and driver behavior.

Q: If there’s no posted sign, there’s no right of way?
A: Not quite. Even without stop signs or directional arrows, drivers are still expected to follow general traffic norms. For example, vehicles already in a lane typically have priority over those entering it, and drivers must yield when merging or crossing traffic paths.

Q: Low-speed accidents mean low stakes?
A: Don’t be fooled. Even at low speeds, parking lot accidents can result in significant vehicle damage and injuries like whiplash. More importantly, determining fault can be surprisingly complex, which can delay insurance settlements after a New Haven auto accident.

Q: The driver who hits the other car is always at fault?
A: Not always. Fault isn’t based solely on who made contact, it’s about who acted negligently. For instance, if a driver pulls out suddenly and another driver hits them despite having the right of way, the driver who entered the lane unsafely may still be primarily liable.

Q: Pedestrians always have the right of way in parking lots?
A: Generally, yes, but with some nuance. Drivers are expected to yield to pedestrians, especially in marked crosswalks. However, pedestrians also have a responsibility to remain aware of their surroundings. Liability can sometimes be shared if a pedestrian acts unpredictably.

Q: If both cars were moving, fault is automatically 50/50?
A: Not true. While shared fault is common in parking lot accidents, it’s rarely an even split. Insurance companies will look at factors like speed, visibility, right of way, and driver attentiveness to assign percentages of fault.

Q: Do I really need to report a minor parking lot accident?
A: Yes. Even if the damage seems minor, it’s important to document the incident, exchange information, and consider filing a police report. This can protect you if injuries or additional damage become apparent later.

Q: Should I talk to an attorney for a parking lot accident?
A: If there’s any dispute about fault or injuries involved, it’s a smart move. Parking lot claims can become complicated quickly, and having guidance can help ensure you’re treated fairly, especially after a New Haven auto accident.