Our experienced San Bernardino car accident lawyers at LA Century Law explains parking lot accident fault in California.
About 20% of car accidents happen in parking lots. These accidents result in serious injuries, including 9% of pedestrian motor vehicle deaths. Knowing who is at fault can help injured victims receive compensation.
Who is at fault in a parking lot car accident?
The party at fault in a parking lot car accident is the party that was negligent in a way that resulted in the accident. Negligence is a flexible standard that looks at all the factors causing the accident.
All motorists and pedestrians must exercise reasonable care in parking lots. Even the parking lot owner could be liable for the way they operate the lot.
Do Parking Lot Accident Rules Differ From Road Accidents?
The basic rules for car accident fault are the same for parking lots and road accidents: a party is liable for the accident if they cause it. A party causes an accident when they do something unsafe.
But investigating parking lot car accidents is a little bit different from investigating road accidents. Parking lots don’t have lane markings and traffic flow rules like streets do. There might be signs and directions, but these are set by the parking lot operator. They are unofficial.
Still, fault for a parking lot accident is not automatically split 50-50 among drivers. The actions of each party are evaluated based on general principles of negligence and safety.
Right-of-Way Rules in California Parking Lots
California has parking lot laws. Mostly, they don’t directly regulate driving:
California Veh. Code. §§ 22950-22953 – These laws create municipal parking lot regulatory authority and regulate off-street parking and vehicle towing.
California Veh. Code § 22658 – Regulates private property vehicle towing authority.
California Veh. Code § 22500 – Regulates stopping and parking in public driving areas.
The California parking color system
Cal. Veh. Code § 21458 creates a uniform, color-coded parking system for municipal parking:
- Red – No stopping, standing or parking, except for buses in designated areas.
- Yellow – Loading or unloading passengers or freight during regulated times.
- White – Loading or unloading passengers as allowed by local law, or mail deposits.
- Green – Timed parking.
- Blue – Disabled persons parking only.
In addition to state laws, many municipalities have their own parking lot ordinances.
Is the parking lot speed limit 15 in California?
You may have read that the parking lot speed limit in California is 15 miles per hour. That’s true – sometimes.
That comes from California Vehicle Code § 22352. The law sets a 15 miles per hour maximum speed in alleyways – not parking lots.
In California, if there is an official parking lot speed limit, it’s set by the municipality.
Here are some examples:
San Bernardino – 10 miles per hour.
San Francisco – None.
Los Angeles – 10 miles per hour in Board of Recreation and Park Commissioners lots.
San Diego – 15 miles per hour in MTS lots.
Bakersfield – None
Fresno – Local regulators may regulate city-owned parking lots with signs and markings.
What about private parking lots?
A private parking lot owner may set their own speed limit, but it’s unofficial. A driver won’t get a ticket from the police for violating a private parking lot speed limit sign. But still, the parking lot owner’s direction can be evidence of reasonableness.
Note: You can get a traffic ticket for causing an accident in a parking lot, like backing up a vehicle in an unsafe manner.
Common Parking Lot Accident Scenarios and Who’s Liable
In California, everyone has a duty to control themselves and their property in a way that avoids exposing others to unreasonable harm. Alcaraz v. Vece, 14 Cal.4th 1149 (1997). This includes motorists, pedestrians, and parking lot owners. Any of these parties may be responsible for a parking lot accident.
Common scenarios include:
- Backing out of a parking space. One driver is backing out of a parking space while another driver crosses behind them.
- Traffic flow. Drivers make their own paths and cut across open spaces, without clear direction.
- Right of way. Drivers fail to observe right-of-way markers.
- Pedestrian crossings. Drivers fail to stop at pedestrian crossing points.
- Reckless driving. A driver operates recklessly, including speeding and dangerous vehicle maneuvering.
- Parking lot design. The parking lot has vision obstructions or lacks clear traffic flow.
- Overcrowding. A parking lot is overcrowded with vehicles and pedestrians.
- Parking lot lighting. Poor lighting makes it hard to see vehicles and people.
Parking lot accidents can occur because the driver is confused by the traffic pattern. They may not give enough thought to making sure the area around them is clear.
Court cases about parking lot/driveway owner responsibility
Here are some real California cases that discuss when parking lot owners and operators can be liable when an accident occurs:
Annocki v. Peterson Enterprises, B251434 (2014).
The victim was driving on a roadway, past a restaurant. They passed by the restaurant as another driver was exiting the parking lot. The driver made a left-hand turn. They struck the victim, killing them. The California appeals court said that the restaurant could be liable for the poor design of the parking lot.
Barnes v. Black, 71 Cal.App.4th 1473 (1999).
A child was riding a tricycle in a driveway. They veered into the street and into the path of an oncoming car. They suffered fatal injuries. The court found that the configuration of the driveway was unreasonably dangerous.
McGarvey v. Pacific Gas & Elec. Co., 18 Cal.App.3d 555 (1971).
A motorist made a U-turn to avoid a difficult parking situation caused by a parking lot owner. The court said, in theory, a parking lot owner can be responsible for an accident on a public street.
How Comparative Negligence Affects Parking Lot Claims
Fault can be split. For example, one driver may have been going too quickly through the parking lot, while another driver backed up their vehicle without looking for traffic.
California uses comparative negligence to reduce compensation based on personal fault.
Can you get a parking lot hit-and-run in California?
Yes. California Vehicle Code § 20002 requires drivers to stop for property damage accidents. They must notify the owner of the damaged property and comply with reporting requirements. Failing to comply is a misdemeanor offense. If anyone is injured, you must call the police right away.
Talk to a Lawyer
If you or a loved one has been hurt in a parking lot accident, please contact us at LA Century Law.
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