A Raleigh, NC pedestrian accident lawyer knows that parking lot collisions can raise tricky questions of fault and liability. While most people assume that the moving driver is automatically at fault, liability in a parking lot accident may involve multiple parties—and uncovering all responsible actors often requires careful investigation.
Drivers Are Often The First Focus
When a vehicle is in motion during a crash and hits another car or a pedestrian, the driver’s negligence is usually central. For example:
- Drivers backing out of spaces typically owe a duty to check for oncoming traffic and pedestrians and to back into traffic only when safe. Under North Carolina law, a driver “shall not move backward unless such movement can be made with safety and without interfering with other traffic.”
- Drivers failing to yield when pulling forward from a parking spot into a lane often bear fault, because through lanes generally have the right of way over vehicles exiting parking spaces
- In a rear-end collision, even in a parking lot, the trailing driver is often presumed negligent for failing to keep a safe distance.
Because parking lots are compact and traffic is often slow, drivers are expected to exercise heightened care. Besides parking lots being extremely dense, there are a number of reasons pedestrians are hurt by drivers in parking lots. No matter how you are injured, our parking lot accident attorneys are happy to help!
Other Potential Liable Parties
Beyond the drivers themselves, other parties may share liability in certain circumstances:
If defective design, poor lighting, uneven pavement, unclear striping, or failure to maintain safe conditions contributed to the crash, the property owner may bear responsibility under premises liability concepts. For instance, failing to correct known hazards, such as potholes or inadequate signage, may expose the lot operator to liability.
If the at-fault driver was acting within the scope of their employment (e.g., a delivery vehicle or service truck), then their employer may be vicariously liable.
Liability might also extend to a vehicle’s owner (if different from the driver), particularly if negligent maintenance contributed (e.g., faulty brakes). In rare cases, a vehicle defect (e.g., broken reverse sensors or brake failure) may make the manufacturer or parts supplier a defendant.
The Roadblock: Contributory Negligence
North Carolina still follows the doctrine of pure contributory negligence. That means if a plaintiff is found to share any fault, even 1%, they may be barred from recovery compensation entirely.
Because of this harsh comparative fault rule, defense insurers will often argue that the pedestrian or injured party did something negligent, such as failing to watch for traffic, crossing poorly, or walking distracted, to try to defeat the claim.
Thus, proving fault cleanly and defending against arguments of shared fault is especially critical in parking lot accident claims in Raleigh and throughout North Carolina.
Real Client Recoveries
- We represented a Raleigh, North Carolina man struck by an intoxicated driver in his apartment complex parking lot, after several firms declined the case. He suffered a broken wrist along with bruises and abrasions. Through our efforts, we secured a $100,000 settlement for him.
- In another case, Jason M. Burton represented an elderly Indiana resident injured in a fall at a national hotel chain’s parking lot in Durham, North Carolina. She broke her elbow, and we won her an $85,000 settlement.
If you or a loved one has been injured in a parking lot in Raleigh or North Carolina, we at Burton Law Firm are ready to help assess liability, fight insurer defenses, and seek full compensation. Contact us to review your case today.