If you had an accident while trying to reverse park, you might wonder who caused the parking lot collision. Although these events are shockingly frequent, sometimes determining culpability might be more difficult than it initially seems.
In California, the fault often depends on factors such as right-of-way, driver negligence, and compliance with traffic laws.
Whether you are backing out of a congested parking lot, another car hits you while you are backing up, or you are the victim of a parking lot incident, understanding culpability is essential to protecting your rights.
Understanding Fault: It’s More Than Just “Who Was Backing Up”
California law places a heavy responsibility on drivers to exercise caution when reversing. But fault isn’t always black and white. Here’s what you need to know:
1. The Driver Backing Up Usually Bears Responsibility… But Not Always
While the driver reversing is often deemed at fault, exceptions exist. For example:
- If the other driver was speeding through the lot.
- If they ignored a stop sign or failed to yield.
- If poor lighting or blocked sightlines (e.g., overgrown shrubs) contributed to the crash.
A mother backing out of a grocery store spot might technically be at fault—but what if the other driver was texting and missed her brake lights? At Krasney Law Accident Attorneys, we dig deeper to uncover the full story.
2. Shared Blame Under California’s Comparative Negligence
California’s comparative negligence rule means that fault can be divided.
Imagine that you are 20% at fault for not looking in your rearview mirror, but the other driver is 80% at fault for driving recklessly. In this case, your compensation would reflect that split.
It’s important to remember that insurance companies will fight to place even more blame on you. That’s where we come in: to advocate for you in the best way possible and get you the best outcome for your interests in this unexpected event.
Don’t Let a Parking Lot Accident Steal Your Future
A parking lot crash might feel minor, but the aftermath can be life-altering. Medical bills pile up. Missed work days strain your budget. The emotional toll—anxiety, sleepless nights, fear of driving—can linger long after the bruises fade.
You don’t have to shoulder this alone.
Real Stories, Real Pain: How Parking Lot Accidents Change Lives
Meet Sarah: A young nurse in Rancho Cucamonga who was backing out of a hospital parking spot when a delivery van sped around the corner, slamming into her driver’s side.
The van driver claimed Sarah “came out of nowhere,” but security footage showed he ran a stop sign. Despite this, his insurer refused to pay for her spinal injury treatment.
Or Carlos: A San Bernardino father whose parked car was hit by a distracted driver reversing without looking.
The driver’s insurance argued Carlos “shouldn’t have parked there”—a tactic to avoid paying for his son’s whiplash treatment.
These aren’t just cases—they’re battles for dignity. At Krasney Law Accident Attorneys, we fight to ensure your story is heard.
Parking Lot Hidden Dangers: Why These Mistakes Damage More Than Just Your Vehicle
Though they seem innocuous, parking lots are hot sites for crashes. Take these depressing numbers into account:
The United States sees around 50,000 parking lot incidents yearly, often involving vehicles backing up (NHTSA).
Parking lots might seem harmless, but they’re hotspots for collisions.
Every year, the United States sees over 50,000 parking lot accidents—many of which involve vehicles backing up.
Nearly forty percent of drivers say they get distracted in parking lots—texting, changing GPS, or looking for objects—which raises crash risk.
One in five car accidents in California occur in parking lots, usually resulting in injuries ranging from whiplash to fractures or brain trauma.
These figures reflect actual people like you left with increasing debts, injuries, and unresolved problems; they are not just statistics.
Why Work With Krasney Law Accident Attorneys?
When you’re hurt, stressed, and unsure where to turn, you need more than just a lawyer—you need a partner. Here’s why families across California trust us:
We Listen First, Fight Second
We start by sitting down with you, hearing your story, and understanding your fears. Did the accident leave you unable to work? Are you worried about medical bills? We tailor our strategy to your needs.
Local Expertise, Nationally Recognized Results
With decades of experience in Rancho Cucamonga and San Bernardino courts, we know how insurers and local judges operate. We’ve recovered millions for clients, from car accident victims to those suffering wrongful death losses.
No Fees Unless We Win
We work on a contingency basis—you pay nothing unless we secure compensation. This isn’t just about trust; it’s about sharing your risk.
We Treat You Like Family
You’ll never be a “case number” to us. From your first call to your final settlement, we’re here to answer questions, ease anxieties, and fight for what’s fair.
Typical Situations: Who’s Responsible When Occurs a Hit while Backing Up?
“I Was Reversing and a Car Hit Me”
Should another car strike you as you were backing out of a parking space, the other motorist may accuse you of not yielding. They might share guilt, though, if they were racing across the lot or not paying attention. Key here is evidence including witness testimony or surveillance film.
” Someone Backed Into Me While I Was Parked”
Should a reversing vehicle strike your parked car, they are nearly always at fault. California law that drivers backing up keep control and awareness.
“We Both Were Backing Up at the Same Time”
Rarely, if both drivers reversed simultaneously without looking about, they might be equally at blame. This is typical in holiday seasons’ congested lots.
How to Document Errors in a Parking Lot Accident
Establishing culpability calls you compiling proof to back up your assertion. Here’s what to do:
Track the Scene
Photographs of the accident site, skid marks, and car damage are welcome. Note weather conditions or obstacles (such as overgrown plants impeding sightlines).
Get Witness Notes
Nearby retail workers or bystanders can offer objective reports of what transpired.
Review surveillance footage.
Security cameras abound in many parking lot designs. Get footage fast; it’s usually erased in a few days.
Write a Police Report
While a police report supports your allegation, minor events sometimes do not call for it.
See an attorney handling car accidents.
A qualified lawyer can help with insurance negotiations, evidence interpretation, and advocacy of your rights. Should you reside in San Bernardino, for example, our San Bernardino car accident lawyer team can investigate the collision and identify liable parties.
Actions Following a Parking Lot Accident
Remain Calm and Stay Safe
Look for injuries then relocate to a secure spot. Should you need it, call 911.
Track Everything.
Pictures of damage, skid marks, and the surrounds are great. Mark the time, the temperature, and any witnesses.
Avoid Admitting Fault
Even saying “I’m sorry” can be used against you. Stick to facts when speaking to others.
Call a Lawyer Immediately
Insurers will contact you fast—often within hours. Let us handle their calls while you focus on healing.
If you’re in San Bernardino, our San Bernardino personal injury attorney team can secure surveillance footage or witness statements before they disappear.
What If the Other Driver Claims You’re at Fault?
Insurance companies often try to shift blame to minimize payouts. If the other driver accuses you of causing the accident:
- Avoid Admitting Fault: Even saying “I’m sorry” can be misconstrued as an admission of guilt.
- Speak to insurance companies using objective descriptions of the accident.
- Allow your lawyer to handle correspondence. Insurance companies could spin your statements. A lawyer can handle on your behalf talks.
For example, our Rancho Cucamonga car accident lawyer team can defend your rights and contest bogus claims should you be hit while pulling out of a driveway.
But What If I Cannot Afford a Lawyer?
We often hear this, which really hurts us. You pay $0 up front at Krasney Law Accident Attorneys. We only get paid should we prove your case. Whether your route to justice is blocked by money, whether you are a single parent, a retiree, or a student, we will work to ensure that never is.
Frequently Asked Questions
Who is usually at fault in a parking lot accident when a car is backing up?
In most cases, the driver who is backing up is considered at fault. This is because they are maneuvering their vehicle in a way that requires extra caution and attention to the surroundings.
What if I’m hit while backing out of a parking space by a speeding driver?
While the driver backing out is typically at fault, if the other driver was speeding, they may share liability. Speeding in a parking lot is dangerous and shows negligence on the part of the speeding driver.
Who has the right of way in a parking lot?
Drivers in through lanes generally have the right of way. Always yield to oncoming traffic before backing up. Think of through lanes as the main roads within the parking lot, and parking spaces as the side streets.
What if the other driver claims they didn’t see me backing out?
Drivers have a responsibility to be aware of their surroundings. The other driver’s failure to see you may not absolve them of liability. A driver must always be aware of their surroundings and take necessary precautions to avoid accidents.
Important Points About Who Is at Fault in a Parking Lot Backing Accident
- Backing out of a parking lot is a maneuver that always requires extreme caution.
- Allow pedestrians and oncoming traffic to pass before moving your car.
- Are you aware of your surroundings? Always check your mirrors.
- If you are involved in a parking lot accident, share your insurance information with the