Can You Sue After a Maryland Parking Lot Accident?

Yes. Many laws govern how drivers should conduct themselves in parking lots. If a person hits you in the parking lot because they weren’t obeying these laws, you could have a case. 

This article explains when you might be able to sue after a Maryland parking lot accident. It also explains how a Laurel car accident attorney can help.

Are Parking Lot Accidents Really That Serious? 

Yes. The National Highway Traffic Safety Administration (NHTSA) tracks “non-traffic crashes.”  In 2021, the NHTSA recorded roughly 4,000 deaths and nearly 65,000 injuries from non-traffic crashes. The NHTSA also found that these crashes made up anywhere from 15 to 25 percent of pedestrian crash injuries. These statistics show that parking lot accidents can be quite serious. 

The severity and number of injuries make sense. Accidents between cars and pedestrians can cause serious injuries. Also, even when traveling at the low speeds allowed in parking lots, car accidents can cause serious injuries such as whiplash. 

How Do Parking Lot Accidents Happen? 

Generally, two categories of people are responsible for parking lot accidents: drivers and parking lot owners. 

Drivers

Drivers take many actions that can lead to parking lot crashes. These include: 

• Speeding 
• Distracted driving 
• Failing to yield to other vehicles or pedestrians 
• Backing out without checking the rear view first 
• Cutting through spaces instead of driving in designated traffic lanes
• Following another car too closely 
• Rushing to beat another driver to a space
• Forgetting to double-check for pedestrians and other vehicles

Parking lots 

Common failures that might lead to parking lot accidents include: 

• Unclear lane or space markings 
• Missing signage (e.g., stop signs, speed limits) 
• Poor lighting
• Poor drainage (This can lead to large puddles during warm weather or ice slicks during colder months.) 
• Failure to clear snow or ice 
• Failure to clean accumulated oil slicks 
• Broken pavement or uneven walking surfaces (These create special hazards for pedestrians.) 
• Poor design that prevents drivers from easily seeing other drivers or obstacles (e.g., tight turns or blind corners in a parking garage)

Who Can Be Held Legally Responsible for a Maryland Parking Lot Accident?

To hold someone legally responsible for your parking lot accident, you’ll have to prove negligence. To do this, you’ll have to prove that you were injured. You’ll also have to show that the other driver or parking lot owner: 

• Had a duty to behave in a certain way; 
• Failed to fulfill that duty; and 
• Your injuries are a direct result of that failure. 

In a parking lot accident, proving that there was a duty to behave in a certain way is usually straightforward. For example, Md. Code, Transportation § 21-101.1 says that Maryland’s traffic laws apply not only to roads but also “on any private property that is used by the public in general.” As such, drivers have a duty to obey the posted speed limit and follow other regulations. Those who do not likely have violated their legal duty. Similarly, business owners who fail to clear ice, snow, debris, or other hazards could be found to have shirked their obligation to keep their property safe. 

However, proving fault can be difficult in parking lot accidents. Parking lots don’t always have stop signs or traffic signals, so it may be harder to prove that someone had a duty to do something.  E Pictures, videos, and witness statements can help you show your side of the story. Be sure to share any accident evidence with your Laurel personal injury attorney. 

Frequently Asked Questions About Maryland Parking Lot Accidents

• Do insurance companies cover parking lot accidents?

Typically, yes. The location of the accident is not as important as whether you and the other driver have active auto insurance coverage.

• What if my car was hit while it was parked in a lot?

Most auto insurance policies cover vehicles regardless of whether they are in motion or parked at the time of the accident. 

• What if I was backing out when the other driver hit me?

Despite what you may have heard, there is no rule that says, “The driver who is backing out is automatically at fault,” or vice versa. The answer depends on the facts, so ask your Laurel accident attorney about the possible outcomes in your case. 

• Can I sue a store or shopping center for a parking lot accident?

It depends. If the store is responsible for maintaining the parking lot, the answer is likely yes. However, if it outsources the job to a management company, your claim might be against them. 

How Can a Laurel Parking Lot Accident Lawyer Help You?

If you’ve been injured in a Maryland parking lot accident, an attorney can help you in several ways. Your lawyer can:

• Investigate your case
• Talk to insurance companies on your behalf 
• Secure surveillance footage and other evidence
• Negotiate a fair settlement

If you need legal help after a parking lot accident, contact the Law Offices of Thomas E. Pyles. Our team will fight to get you the compensation that you deserve. Schedule your free consultation today by calling 301-705-5006 or using our online contact form.