In Florida, parking lot accidents can be complex, and the rules may differ from those governing road traffic. However, state law requires that any traffic accident resulting in damages or medical costs exceeding $500 must be reported, even if it occurs in a parking lot.

Overview of Florida Parking Lot Regulations

Under Florida Statute § 715.075, private parking lot owners have the authority to set rules for motorists within their property. These rules can include speed limits, directions of travel, stop signs, traffic lights, and even provisions for vehicle towing. It’s essential to be aware of these rules when navigating parking lots.

Florida’s No-Fault Insurance and Its Application in Parking Lots

Florida operates under a no-fault insurance system, as outlined in § 627.4707, which requires all drivers to carry personal injury protection (PIP) and property damage liability (PDL) coverage. In the event of an accident, claims are typically filed with your own insurance company rather than against the at-fault driver. However, if injuries are severe and exceed the coverage provided by PIP, you may file a claim with the at-fault driver’s insurance.

What is No-Fault Insurance?

In a no-fault insurance system, drivers file claims with their own insurance companies regardless of who caused the accident. This system aims to streamline the process and ensure quicker access to benefits.

Comparative Negligence and Parking Lot Accidents in Florida

Florida follows a modified comparative fault system under § 768.81. This means that if you are found to be more than 50% at fault for an accident, you cannot recover compensation. In parking lot accidents where both parties share fault, your compensation will be reduced by your percentage of fault if it is less than 50%.

Determining Fault in Florida Parking Lot Accidents

Fault in parking lot accidents can be complex and depends on several factors. Your attorney will examine the following elements to determine liability:

Right of Way

In parking lots, pedestrians and drivers in through-lanes generally have the right of way over vehicles backing out of parking spaces.

Backing Up

Drivers who are backing out of a parking spot must yield to oncoming vehicles and pedestrians to avoid being at fault for an accident.

Signaling

Failing to signal when turning into or out of a through lane could make a driver at fault for any resulting accident.

Distracted Driving

Distracted driving is a significant issue in parking lots. Many drivers engage in activities like talking on the phone or texting, which increases the risk of accidents.

Damage Location

The location of damage on the vehicles involved can help indicate who was at fault.

Eyewitness Testimony

Eyewitnesses can provide valuable, objective information about the accident. It’s important to gather their contact details immediately after the incident.

Security Camera Footage

If available, security camera footage can be a crucial piece of evidence in determining fault. Be sure to request this footage promptly, as it may be erased after a short period.

Traffic Laws Applicable in Parking Lots

Even though parking lots are often private property, Florida’s traffic laws still apply. Negligent behaviors like distracted driving, failing to yield, speeding, and impaired driving can lead to accidents and liability. If you hit a parked car, you must attempt to locate the owner or leave your information on the windshield to avoid potential criminal charges.

Property Owner Liability in Parking Lots

Store owners have a legal responsibility to maintain their premises, including parking lots, in a reasonably safe condition. If they fail to address hazards such as unfilled potholes, broken pavement, poor lighting, or inadequate security, they may be liable for any injuries that occur as a result.

Insurance Companies and Fault Determination

Insurance companies conduct investigations to minimize their liability in injury cases. However, personal injury attorneys will conduct an independent investigation to ensure that all evidence is gathered and that your rights to recovery are protected.

Common Types of Parking Lot Accidents in Florida

Parking lot accidents can occur in various ways, including:

  • Backing Accidents: These happen when drivers reverse from parking spots without checking for oncoming vehicles or pedestrians.
  • Pedal Mistakes: Accidents can occur if a driver accidentally presses the gas instead of the brake.
  • Low-Speed Collisions: Though these collisions often happen at low speeds, they can still cause serious injuries, especially to pedestrians.
  • Pedestrian Accidents: Parking lots are busy with pedestrians, leading to frequent accidents.
  • Door Dings: Damage can occur when cars are parked too close together, and someone opens their door.
  • Shopping Cart Accidents: Unattended carts can roll into vehicles, causing damage.
  • Parking Lot Traffic Accidents: These involve collisions between vehicles traveling in parking lot lanes.
  • Distracted Driving Accidents: With so many distractions in parking lots, drivers must stay alert to avoid accidents.

Common Causes of Parking Lot Accidents

Some of the most common causes of parking lot accidents in Florida include:

  • Distracted Driving
  • Backing Up Improperly
  • Speeding
  • Failure to Yield the Right-of-Way
  • Poor Visibility
  • Impaired Driving
  • Disregarding Parking Lot Design
  • Pedestrian Mistakes

Frequently Asked Questions About Florida Parking Lot Accidents

Are parking lot accidents no-fault in Florida?
While Florida is a no-fault state, liability becomes important when injuries exceed the coverage provided by PIP.

What happens if you hit a car in a parking lot and leave Florida?
Leaving the scene of a parking lot accident can result in hit-and-run charges, with penalties including jail time, probation, and fines.

Who has the right of way in a parking lot in Florida?
Pedestrians and through-lane drivers generally have the right of way over vehicles that are backing out.

Will my insurance go up if someone hits my parked car in Florida?
Your insurance premiums typically should not increase if your parked car is hit.

Can I sue someone for hitting my parked car in Florida?
Yes, you can file a claim against the driver’s insurance if they hit your parked car.

What to do if you hit a parked car in Florida?
If you hit a parked car, you should try to find the owner. If you cannot, leave your contact information and insurance details on the windshield.

What is the law for car accidents in Florida?
Florida’s no-fault insurance law requires drivers to file a claim with their insurance company. For severe injuries, you may pursue a claim against the at-fault driver.

What happens if you hit a parked car and can’t find the owner in Florida?
You must leave a note with your contact and insurance information to avoid being charged with a hit-and-run.

Is a parking lot private property in Florida?
Most parking lots are private property unless owned by a government entity.

Do cars have the right of way in Florida?
In parking lots, pedestrians generally have the right of way, but cars in through-lanes have the right of way over those backing out.

Who is at fault in a parking lot accident backing up?
The driver backing out of a parking space is usually at fault if they fail to yield to oncoming traffic or pedestrians.

At FGB Law, we understand the complexities of parking lot accidents in Florida. If you’ve been involved in such an accident, contact us at 941-979-9010 to discuss your case and explore your legal options.