In Florida, traditional traffic laws may not cover parking lots. However, Florida statutes mandate the reporting of any traffic collision if the damage or medical expenses exceed $500.

This section provides detailed insights into right-of-way rules, obligations following a parking lot incident, regulations against impaired driving, and the intricacies of Florida’s no-fault auto insurance system.

Brief Guide to Florida’s Parking Lot Regulations

According to § 715.075, Fla. Stat. (2023), owners of private parking lots in Florida have the authority to set regulations for drivers. These can include establishing speed limits, dictating the direction of traffic, implementing stop signs or traffic lights, and enforcing vehicle towing, among other measures. Motorists need to be familiar with these laws as well:

Florida No Fault Laws

Under Florida’s no-fault insurance statute, outlined in § 627.4707, Fla. Stat. (2023), motorists are mandated to have personal injury protection (PIP) and property damage liability (PDL) coverage. This regulation allows drivers to submit claims through their own insurance companies, rather than pursuing the at-fault party’s insurer, for initial coverage. However, in cases where injuries exceed the limits of PIP coverage, individuals may seek compensation from the at-fault driver’s insurance. Additionally, according to § 627.736, Fla. Stat. (2023), Florida law requires drivers to carry at least $10,000 in PIP coverage and an equal amount in PDL coverage, ensuring a basic level of protection for all.

The No-Fault Insurance System: What is it?

In a no-fault insurance system, individuals submit claims to their own insurance providers, regardless of who is at fault, rather than filing a claim with the insurer of the driver who is to blame.

Comparative Negligence

Florida’s modified comparative fault statute, detailed in § 768.81, Fla. Stat. (2023), stipulates that individuals more than 50% responsible for an accident cannot receive compensation. In incidents occurring in parking lots where fault is shared, drivers deemed less than 50% responsible will see a reduction in their damage claims.

Identifying Responsibility in Florida Parking Lot Accidents

Your lawyer will examine and take into account the following aspects:

Eyewitness Accounts

Eyewitnesses are capable of offering unbiased details of their observations. After an accident, collecting their names and contact details is important.

Right of Way

Typically, pedestrians and drivers in the through-lane hold the right of way.

Turn Signaling

A motorist who neglects to use their turn signal when entering or exiting a through lane could be held responsible.

Driving While Distracted

The National Safety Council discovered that nearly two-thirds of drivers engage in phone conversations while navigating parking lots, with a significant majority also texting or performing other tasks.

The Location of Damage

The location of damage on each vehicle can help determine who is at fault.

Footage from Security Cameras

Security camera footage plays a crucial role in establishing liability. It’s important to request it promptly, as many establishments delete footage after a brief period.


Drivers exiting parking spaces must give way to approaching vehicles and pedestrians.

Traffic Laws That Apply in Parking Lots

Careless driving practices such as distracted driving, not yielding the right of way, speeding, and driving under the influence are significant causes of accidents and can lead to legal liability. In instances where drivers hit parked cars, they are required to locate the owners or leave their contact details in a note on the windshield to circumvent possible criminal liability.

Liability Concerns for Parking Lot Owners

Store proprietors are legally obligated to maintain their premises, encompassing the entrance, parking lot, and sidewalks, in a manner that prevents foreseeable injuries. Failure to rectify hazardous conditions that could lead to predictable accidents may result in liability for the owners.

Examples of potential hazards in parking lots include:

  • Potholes left unfilled
  • Cracked or uneven pavement
  • Insufficient lighting
  • Lacking security measures
  • Damaged sidewalk asphalt

The Function of Insurance Companies in Establishing Liability

Insurance firms conduct investigations into injury-related accidents to limit their policyholder’s liability and decrease financial compensations. Conversely, personal injury lawyers undertake independent investigations to compile evidence, ascertain the responsibility, and safeguard their client’s rights to compensation.

Types of Parking Lot Accidents in Florida

Parking lots are common sites for accidents, and Florida is no exception. Here are various types of parking lot mishaps:

1. Backing Accidents:

Often, drivers neglect to check for vehicles or pedestrians when reversing from parking spaces, leading to collisions.

2. Pedal Mistakes:

Accidents can occur when drivers unintentionally hit the gas pedal instead of the brake, causing unexpected movements and collisions.

3. Low-Speed Collisions:

Despite the low speeds involved, collisions in parking lots can result in severe injuries, especially when pedestrians are involved.

4. Pedestrian Accidents:

The high volume of pedestrian traffic in parking lots increases the likelihood of accidents involving pedestrians being struck by vehicles.

5. Door Dings:

Close proximity parking can result in damage to vehicles when adjacent doors are opened carelessly.

6. Shopping Cart Accidents:

Unattended shopping carts can be propelled by wind, potentially colliding with parked vehicles and causing damage.

7. Parking Lot Traffic Accidents:

Collisions can occur between vehicles maneuvering in parking lots, including backing cars and vehicles traveling through lanes, or when drivers fail to obey traffic signs within parking premises.

8. Distracted Driving Accidents:

With numerous vehicles and pedestrians present, driving while distracted poses significant risks in parking lots.

If you’ve been injured in a parking lot accident, FGB Law Firm is here to help you navigate the legal process and seek the compensation you deserve.

Typical Reasons Behind Parking Lot Incidents in Florida

Florida parking lot mishaps frequently stem from:

  • Driver Distraction
  • Incorrect Reversal Maneuvers
  • Excessive Speed
  • Ignoring the Right-of-Way
  • Limited Visibility
  • Driving Under the Influence
  • Ignoring Parking Lot Layout
  • Errors by Pedestrians