6 min read time
Summary
The right of way goes to the oncoming driver and NOT the driver reversing out of the parking space
Table of Contents
Who Has the Right of Way When Pulling Out of a Parking Space
When pulling out of a parking space, the right of way goes to the vehicles in oncoming traffic.
This means vehicles driving by maintain the right of way no matter if you're pulling out or going forward from a parking space.
In addition, any pedestrian walking through the parking lot has the right of way, even if they may be violating pedestrian traffic laws by not being on a crosswalk.
Failure to provide the right of way to an oncoming vehicle or pedestrian can result in you being held liable for any damage or injuries if an accident occurs.
Who Has the Right of Way in Parking Lot Accidents Involving 2 Drivers Backing Out?
In a parking lot collision where two drivers are backing out and hit each other, determining who had the right of way can be complicated; however, since both vehicles were in motion, it will typically result in both parties sharing fault under comparative negligence rules.
Both parties could be at fault for the parking lot accident because in most cases involving two drivers, neither of them had the right of way, unless one driver was obviously farther out when the other driver collided with them.
To fight potential shared liability in Las Vegas parking lot accidents, it's recommended that you speak with an experienced Las Vegas personal injury lawyer from our law firm, as our attorneys have handled thousands of personal injury cases and understand the best ways to fight liability and recover compensation.
Does Nevada Have Parking Lot Laws
Yes and no. While Nevada doesn't have any specific statutes that directly relate to parking lots, there are statutes listed in Nevada law that can be applied to situations in parking lots, such as a parking lot accident.
In addition, you should understand that while many parking lots, such as ones for grocery stores or apartment complexes, are considered private lots, Nevada traffic rules will often still apply.
NRS 484B.270 - Right of Way
NRS 484B.270 outlines who has the right of way in intersections and can be applied to find out who had the right of way in scenarios where parking lot accidents occur in intersecting lanes.
NRS 484B.283 – Duty to Yield to Pedestrians
NRS 484B.283 states that drivers must yield to pedestrians in marked and unmarked crosswalks.
This rule to yield to pedestrians also applies in parking lots as it's crucial for pedestrians to remain safe.
Who Can Be Liable for a Parking Space Accident
Determining fault for a parking lot accident requires understanding who can be held liable.
Common types of parties held responsible for a parking space crash include:
- Backing Out Driver: The driver reversing out of the parking spot will commonly be held liable for an accident as they often violate right-of-way laws.
- Passing Driver: If a driver in the main lane is speeding or driving distracted and collides with a driver backing out, they could be liable for the vehicle accident.
- Both Drivers: In cases where there were two drivers pulling out, liability could be shared between them.
- Property Owner: If in the parking lot there is poor design, lack of traffic signs, inadequate lighting, or faded parking spot markings, the property owner could potentially be held liable for any accidents under premises liability.
Learning who is liable for your parking lot accident is a complicated task, which is why you should enlist the help of a Las Vegas car accident attorney from our law firm today by calling (702) 566-3600 for a free consultation.
How Does Right of Way Work Elsewhere in a Parking Lot?
Parking lots contain additional sections that follow specific right-of-way laws, and understanding them is crucial to avoiding any potential accidents.
Right of Way Rule in Thoroughfare Lanes
A thoroughfare lane is a lane that usually runs along the perimeter of the parking lot and is used to connect a parking lot to a main road or allow oncoming traffic past or in the parking lot.
Drivers in the thoroughfare lane have the right of way over those coming from inside the parking lot.
Paying attention to vehicles in the thoroughfare lane is crucial as they are often traveling at higher speeds.
Right of Way Rule in Feeder Lanes
Feeder or parking lanes are the lanes that lay inside of the parking lot and are adjacent to the parking spots.
In feeder lanes, drivers already in the lane have the right of way over drivers exiting a parking spot.
How Common Are Parking Lot Accidents?
Contrary to belief, parking lot accidents are common motor vehicle accidents. According to the National Safety Council, around 50,000 parking lot crashes happen yearly.
These large numbers of parking lot collisions can mainly be accounted to distracted driving, as in an NSC public opinion poll driver said that in parking lots they would:
- Program GPS systems (63%)
- Text (56%)
- Use social media (52%)
- Send or receive emails (50%)
- Take photos or watch videos (49%)
Seeing these statistics proves that distracted driving not only creates dangerous situations but can cause accidents as well, so it's crucial that if you intend to avoid liability in a car accident, you put any potential distractions away.
Common Injuries Sustained in Parking Lot Crashes
Generally speaking, parking lot accidents result in minor injuries; however, this doesn't mean that they can't cause serious injuries.
A parking lot accident can cause injuries such as:
- Whiplash: If the neck is suddenly jolted, a strain or sprain may occur in the neck muscles, which is considered whiplash.
- Back Injuries: Problems in the back, such as herniated discs, can occur after a car accident in parking spaces.
- Head Injuries: If an occupant's head collides with a solid object, they may experience traumatic brain injuries, such as concussions.
- Broken Bones: If a driver is going over the speed limit or collides with pedestrians, there could be a high risk for fractures to the limbs.
- Cuts and Bruises: The body may be trossed in an accident and could hit or cut surrounding objects, leading to lacerations and bruising.
Sustaining injury in a car accident is a means for filing a personal injury lawsuit; however, don't do it alone. Contact a Las Vegas personal injury attorney from our law firm today by calling (702) 566-3600.
What Are the Types of Parking Lot Wrecks
Many types of car accidents happen in a busy parking lot, each having its own severity and circumstances.
Understanding the types of car accidents in parking lots is crucial to spotting and avoiding potential hazards.
Backing-Out Collisions
This type of automobile accident occurs when a driver pulling out of a parking spot fails to yield the right of way or check their mirrors and collides with another vehicle, pedestrian, or object.
Pedestrian Accidents
With parking lots being a busy area and shared space between pedestrians and vehicles, pedestrian accidents are prone to occur.
Pedestrian accidents can happen if a driver is distracted or if a pedestrian walks into a vehicle's blind spot.
Door Dings
In areas with multiple cars in parking spaces near each other, tight spaces can be formed, increasing the odds of doors or minors colliding with the vehicle next to it, causing scratches, dents, and other minor damages.
When Is the Property Owner Liable for a Parking Lot Accident?
When a parking lot accident occurs, it's typically the fault of another driver.
However, on rare occasions, the property owner could be held liable for the accident.
Property owners, including a landlord, may share fault in a parking lot accident if:
- The parking lot is poorly or dangerously designed
- Lack of proper signage
- Inadequate lighting
- Known hazards
Know if the property owner is the at-fault party in your case by seeking legal advice from an experienced attorney from our law firm today.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
