Understanding The 50/50 Fault Myth
There is a prevalent myth that fault is always apportioned 50/50 when a motor vehicle accident happens in a parking lot. This is simply not true. In New Brunswick, similar fault determination rules apply whether a car accident happens on a road or in a parking lot. This means that liability will be apportioned based on who was at fault. Understanding how fault is determined in parking lot accidents can help you protect your rights if you need to make a personal injury claim against an insurance company.
Common Parking Lot Accident Scenario
The most common types of parking lot accidents include:
- Backing-up accidents: Two cars reversing into each other from parking spots, or one backing into a passing car or pedestrian.
- Failure to yield: Drivers ignoring right-of-way rules at intersections or while entering/exiting lanes.
- Pedestrian accidents: A driver not noticing someone walking behind or beside their vehicle.
- Dooring and stationary impacts: A car door opening into another vehicle or a cyclist, or a parked car being sideswiped.
- Poor lot maintenance: Potholes, black ice, or unclear markings, causing a loss of control.
How Fault Is Determined In Parking Lot Accidents
Liability in parking lot accidents is assessed based on the usual rules of the road and the rules found in the New Brunswick Motor Vehicle Act. Section 346(2) of the Motor Vehicle Act states that the rules that apply to roads also apply to parking lots. This means that fault will be applied depending on who had the right of way. The movement and position, as well as whether there were any traffic signs, for each vehicle, will be important in determining who had the right of way.
Traffic Signs
Many parking lots have areas with traffic signs. Vehicles that do not stop at a stop sign or yield at a yield sign and then are involved in a collision with another vehicle are usually deemed to be at fault for the accident.
Moving Vs. Stationary Vehicles
If a parked car is hit by another vehicle, that moving vehicle is almost always held to be at fault for the accident.
Right Of Way
Some parking lots have two types of lanes, main or through lanes, and feeder lanes. In most cases, feeder lanes must yield to oncoming traffic from main or through lanes and failing to do so can lead to a finding of fault.
Pedestrians
Drivers are expected to exercise extra caution toward pedestrians, particularly children or people carrying items that may obscure their view. If a driver hits a pedestrian in a parking lot, the burden may shift to the driver to show that they were driving carefully and that the accident was unavoidable.
Vehicles Exiting From A Parking Space
Drivers exiting from a parking space have an obligation to check their surroundings before moving their vehicle. A driver who collides with another vehicle while exiting a parking spot will usually be found at fault, unless the other driver was also backing out of a parking spot at the same time.
Contributory Negligence
The New Brunswick Contributory Negligence Act also applies to parking lots. This means that fault can be distributed according to each party’s percentage of responsibility.
Steps To Take After A Parking Lot Accident
If you are involved in a parking lot collision, even a seemingly minor one, it is important to take the following steps:
- Check for injuries and call 911 if anyone is hurt.
- If the damage to the vehicles totals $1,000 or more, you are required by law in New Brunswick to call the police so that they can issue a police report for the accident.
- Move vehicles to a safe area if possible and exchange information (names, licence plate numbers, insurance details).
- Take photos of the scene, including positions, damage to the vehicles, signage, and any hazards.
- Get witness names and contact information.
- Report the incident to your insurer promptly.
- Seek medical attention for any pain or symptoms – injuries like whiplash or concussions can appear later.
- Contact a personal injury lawyer before giving detailed statements to any insurance companies, especially if injuries are involved.
Preventing Parking Lot Accidents
Every person in a parking lot has a duty of care to act reasonably to avoid causing harm. Drivers must keep a proper lookout, follow signage and lane markings, and yield to pedestrians. Pedestrians must stay alert, use marked walkways when available, and avoid walking behind moving vehicles. Property owners must ensure the parking lot is reasonably safe. When any of these duties are breached and someone is injured as a result, liability may arise.
While accidents can happen anywhere, there are a few things you can do to help prevent a parking lot accident:
- Slow down. Drive at a walking pace in busy lots and anticipate sudden stops or pedestrians.
- Use your mirrors and back-up camera – but don’t rely on them completely. Always look over your shoulder before reversing.
- Obey signs and arrows. Even in private lots, posted signage and directional markings are designed for safety.
- Avoid distractions. Finish your text, GPS input, or call before you start moving.
- Be cautious in winter. New Brunswick’s snow and ice can make braking unpredictable; give yourself extra space.
- Park strategically. Choose a spot away from congestion, cart returns, and tight corners whenever possible.
Pedestrians can also help reduce risk by staying alert, making eye contact with drivers before crossing behind vehicles, and walking along designated paths.
Need Legal Help After A Parking Lot Accident? Contact Melanson Law Today!
If you have been injured as a result of an accident in a parking lot accident, speaking with an experienced personal injury lawyer can help you navigate the process and ensure your rights are protected from the start.
At Melanson Law, we help clients across New Brunswick receive fair compensation after accidents, including those that happen in a parking lot. Call us today for a free consultation and let us help you get the support and compensation you deserve.
