Someone hit you while backing out of a spot at the Target on Aramingo. Perhaps you were walking to your car at a garage in Center City when another car came screeching around the corner. Now there are injuries, damaged property, and two people arguing about whose fault it was.
Even accidents at low speeds can cause serious injuries and damage. If you’re stuck wondering who owes whom after an accident in a Philadelphia parking lot or garage, you may need someone to help you.
A parking lot accident lawyer from Rosen Justice Injury Lawyers can explain the laws, help you prove fault, and work to recover what you’re owed.
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You Don’t Have to Figure This Out Alone
A parking lot accident can leave you dealing with pain, confusing insurance calls, and questions about who’s really at fault. Our team is here to listen, explain your options in plain language, and stand beside you every step of the way.
Schedule A Free ConsultationWho Is at Fault in a Parking Lot Accident?
There’s no single rule that decides every parking lot crash, but there are patterns that hold up again and again.
For instance, a driver backing out of a space is usually found more at fault than a driver already moving through a lane. A driver who hits a pedestrian is almost always found at fault unless the pedestrian did something careless.
Property owners are not off the hook, either. If bad lighting, poor upkeep, or weak security played a real part in what happened, they could be at fault for the accident. Which pattern applies to you depends on the facts of your crash. Let’s look a little deeper into the most common situations.
Key Takeaways
What A Parking Lot Accident Lawyer Wants You To Know About Fault
Determining fault after a Philadelphia parking lot accident is rarely as simple as who hit whom. Here is what tends to matter most when a claim is being evaluated.
- Fault often turns on the maneuver, not just the impact: a driver backing out of a space is usually held more responsible than through-traffic, and two drivers backing out at once often share fault.
- Pennsylvania’s modified comparative negligence rule lets you recover damages if you are 50% or less at fault, though your compensation is reduced by your share of the fault.
- Property owners and garage operators can share liability when poor lighting, faded striping, or weak security contributes to the crash, separate from any claim against the other driver.
- Insurers must conduct a reasonable investigation before assigning fault or denying a claim; they cannot simply assume a fault percentage without documentation to back it up.
Who Is to Blame in a Backing-Up Accident in Philadelphia?
When one car is backing out of a spot and another is already driving through the lane, the backing driver is usually found to be more at fault.
That driver has a duty to:
- Check their mirrors,
- Look over their shoulder, and
- Confirm the lane is clear before moving.
The driver already in the lane generally has the right of way and has a lower duty to anticipate someone reversing into their path.
Things get messier when both drivers are backing out at the same time. In that situation, fault is often split between the drivers, since each had a duty to watch for the other. However, if you were rear-ended while moving slowly and carefully, the other driver likely bears most, if not all, of the blame. Proving that without the help of an experienced lawyer can be challenging, though.
Fault in a Parking Lot Pedestrian Accident
Drivers owe pedestrians a real duty of care in a parking lot. Pedestrians are hard to see and have little protection. If a driver hits someone walking to or from their car, the driver is usually found at fault, especially in a marked walkway or crosswalk area, or when backing out without checking behind them.
That said, pedestrians can share some of the blame, too, especially when:
- Walking between parked cars without looking,
- Stepping out from behind a large vehicle, or
- Crossing diagonally through moving traffic.
These situations can all result in shared responsibility for a pedestrian accident in a parking lot or parking garage.
What About Fault in a Philadelphia Parking Garage Injury?
Not every parking lot injury involves a moving car. Someone can slip and fall, for example, in a Philadelphia parking garage, leading to an injury. Sometimes, a driver or passenger trips on a pothole or a cracked stairwell. Maybe a burnt-out light in a stairwell was the main cause of an accident, or an assault happened because of poor security.
In these cases, the property owner or management company, not another driver, may be at fault. Property owners in Pennsylvania have a duty to keep their premises reasonably safe for people who are there to shop, work, or visit. If you were injured by a hazard they knew or should have known about, but did nothing about, you may be able to file a claim against them.
This matters even when a car accident occurred first. A poorly lit or badly maintained lot can make an already bad situation worse and add a second responsible party to your claim.
We Handle The Details
Focus On Getting Better. Let Us Deal With The Insurance Company.
Between doctor visits, missed work, and adjusters asking pointed questions, the days after a parking lot accident are overwhelming. You do not have to manage the calls, paperwork, and deadlines by yourself. We take that weight off your shoulders so you can focus on healing.
How Can Shared Fault for an Accident Affect Your Claim in Philadelphia?
Your claim doesn’t necessarily fall apart if you share part of the fault for an accident in Philadelphia. Under the state’s modified comparative negligence law, you can file a claim against an at-fault party if you were 50% or less at fault for the accident. If a court finds you 51% or more at fault, you cannot recover compensation, no matter how badly you were hurt.
An insurance adjuster can reach that same conclusion on their own and deny your claim. However, that’s an opinion, and you don’t have to accept it. A parking lot accident lawyer can help you challenge the adjuster’s finding and fight to recover what you’re owed.
Sharing fault for an accident reduces any payout by the same percentage as your share of the fault. For instance, if you are 20% responsible for a $10,000 claim, you’d walk away with $8,000 instead of the full amount.
Insurance adjusters often fight hard to pin a percentage of blame on claimants. Even a small percentage change in what they have to pay adds up fast on larger claims. It’s best to protect your rights with the help of a seasoned personal injury lawyer.
The Rule Most Insurers Hope You Never Learn
Most people never hear this information from an insurance adjuster, but under Pennsylvania insurance regulations, insurers are expected to conduct a reasonable investigation before denying a claim or reducing payment based on liability issues. They cannot simply guess or assume a share of fault.
In other words, an adjuster cannot claim you were probably partly at fault and knock 30% off your settlement simply because it’s better for them. They must show proof and explain the decision in writing if you ask.
Many claimants never push back on reduced payouts because they don’t know they can ask for proof. Adjusters often don’t provide the information unless you ask. We can help you question the decision and challenge it in court, if necessary.
Parking Lot Accident FAQs
Questions About Fault And Liability After A Philadelphia Parking Lot Accident
A parking lot accident lawyer answers what clients ask most about fault, insurance, and deadlines under Pennsylvania law.
Fault depends on how the collision happened. A driver backing out of a space is typically held more at fault than a driver passing through the lane behind them, while two vehicles backing out at the same time often share fault. Pennsylvania looks at each driver’s actions, not just where the impact occurred.
Yes, in most cases. Pennsylvania follows a modified comparative negligence rule (42 Pa.C.S. § 7102), which allows you to recover damages as long as you are 50% or less at fault. Your compensation is reduced by your percentage of fault, but a partial-fault finding does not bar your claim outright.
Sometimes. Property owners and parking garage operators have a duty to maintain reasonably safe conditions, so poor lighting, faded lane markings, broken signage, or weak security can support a premises liability claim. This is separate from driver fault and may apply alongside a claim against the at-fault driver.
No. Under Pennsylvania insurance regulations (31 Pa. Code § 146.9), insurers must conduct a reasonable investigation before denying or discounting a claim and cannot simply assume a fault percentage without documentation. If an adjuster assigns fault without evidence, a parking lot accident lawyer can challenge that determination.
Generally, two years from the date of the accident under Pennsylvania’s statute of limitations for personal injury claims (42 Pa.C.S. § 5524). Waiting can make it harder to gather evidence like surveillance footage, so it is best to speak with an attorney as soon as possible after the accident.
Contact a Parking Lot Accident Lawyer Today for Help
Not every parking lot accident is worth a lawsuit, and we’re not going to pretend otherwise. But if you were hurt and someone is trying to pin blame unfairly on you, find out where you stand before accepting an insurance company’s number.
Rosen Justice Injury Lawyers has over 75 years of experience in all aspects of personal injury law. A lawyer from our firm can look at the facts of your case and tell you whether pushing back is worth your time. Contact us for a free consultation, and we’ll give you a straight answer about your case.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Comparative Negligence, 42 Pa.C.S. § 7102
- Comparative Negligence, Unfair Claims Settlement Practices, Insurance, 31 Pa. Code § 146.9
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