If two cars hit each other while backing out of parking spots in Florida, legally, liability can fall on one or both drivers. This is because Florida law allows fault to be shared between multiple parties, meaning both drivers may bear some responsibility for the accident.
Backing out of a parking space seems simple enough until two drivers reverse at the same time and collide. Parking lot accidents are more common than many people realize, and determining fault is not always straightforward when both vehicles are moving in reverse.
If you’ve been in a car accident in and around the Fort Lauderdale area in a parking lot, a car accident lawyer in Fort Lauderdale can help you understand how fault is determined, protect your rights, and pursue compensation if you have a valid claim. Below, we’ll go over the ins and outs of these accidents and potential legal options you may have in Florida.
More Details on Who is at Fault When Both Drivers are Backing Out at the Same Time?
When two drivers back out of parking spaces simultaneously and collide, they often share fault because neither driver typically has the right of way. Both drivers have to check behind them for people, other vehicles, and other potential hazards before reversing. However, shared fault does not automatically mean fault will be split evenly. Insurance companies and courts may look at factors such as:
- How fast each vehicle was moving.
- Whether either driver was distracted.
- Whether mirrors, cameras, or other visibility aids were used.
- Whether one vehicle had nearly completed backing out before impact.
- The position of each vehicle at the time of the collision.
- Whether either driver ignored obvious hazards.
For example, if one driver had almost fully exited their parking space and the other driver backed out suddenly without checking behind them, the second driver may be assigned a greater share of fault. All of the smaller details really matter with these claims, making them a little more complicated than standard car accidents on a public road.
Can You File a Lawsuit if the Insurance Settlement Isn’t Enough?
In some cases, the funds you may get from your insurance or the other person’s insurance may not be enough compensation for the damages and injuries you may have faced, and in this case, filing a personal injury lawsuit may be appropriate. You may have grounds for a lawsuit if:
- You suffered serious injuries.
- Liability is disputed.
- Insurance coverage is insufficient to cover your losses.
- The insurance company offers an unfair settlement.
Florida generally provides two years from the date of the accident to file a personal injury lawsuit arising from a car accident. Missing this deadline could prevent you from pursuing compensation through the courts, so it’s important to keep that in mind.
What Evidence Determines Who Bears More Responsibility?
The outcome of a parking lot accident claim often depends on the available evidence. Even seemingly minor details can influence how fault is allocated. Important evidence that helps determine responsibility percentages may include:
Parking Lot Surveillance Footage
Many shopping centers, office buildings, and apartment complexes have surveillance cameras that may capture the collision or the events leading up to it.
Witness Statements
Independent witnesses can provide valuable insight into how the accident occurred and whether either driver appeared distracted or careless.
Vehicle Damage Patterns
The location and severity of damage on each vehicle can help accident investigators determine how the collision happened and which driver may have been more at fault.
Police or Incident Reports
While police may not always respond to minor parking lot accidents, an official report can provide useful documentation regarding the circumstances of the crash.
Dashcam Footage
Generally, dashcam footage is admissible in Florida courts. These recordings often provide some of the strongest evidence available because they may show exactly how the accident occurred.
Florida Law and How Fault Is Determined in Parking Lot Accidents
Florida follows a modified comparative negligence system. This means that everyone involved in an accident, including when two cars hit each other while backing out in a parking lot, can be found to be liable. They will be assigned a percentage of fault based on their actions that led to the accident.
Although parking lots are typically private property, the same negligence principles that apply on public roads generally apply in parking lot accidents. Insurance companies, attorneys, and courts examine the facts of the collision to determine whether one driver was more responsible than the other.
If fault is shared, each driver’s ability to recover compensation may be reduced by their percentage of responsibility. Something to keep in mind if you are considering moving forward with a claim. And while a lawyer can’t change what happened, they can ensure your side of the accident is presented clearly and completely to insurance and courts.
An Example of How Shared Fault Affects Compensation in Florida
Florida’s comparative negligence system directly impacts how much compensation you can recover. Here’s a quick example:
For example, if your damages total $20,000 and you are found 40% responsible for the accident, your recovery would be reduced by 40%, leaving you eligible to recover $12,000.
Under Florida’s modified comparative negligence law, you generally cannot recover damages from another party if you are found to be more than 50% responsible for the accident. This makes accurately establishing fault especially important in disputed parking lot collisions.
How Does Florida’s No-Fault Insurance Law Apply to Parking Lot Accidents?
Because Florida is a no-fault insurance state, it will mean that your own Personal Injury Protection (PIP) coverage will typically pay some of your medical expenses and lost wages after an accident, regardless of who caused the collision.
Florida drivers are required to carry at least $10,000 in PIP coverage. After a parking lot accident, you would typically turn to your own insurer first for these benefits.
However, serious injuries may allow you to pursue a claim against the at-fault driver outside the no-fault system. Under Florida law, injuries such as significant loss of bodily function, significant scarring, or death of a loved one may allow you to seek additional compensation.
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Injured in a Florida Parking Lot Accident? We Can Help.
If you were injured in a parking lot collision and are unsure how fault may be divided, speaking with an experienced law firm can help you better understand your legal options.
An experienced Florida car accident lawyer can investigate the accident, gather evidence, negotiate with insurers, and help you pursue the compensation you may be entitled to recover.
At Blakeley Car Accident & Personal Injury Lawyers, we have recovered over $250 million for our clients. If you want to work with a communicative, dedicated, and caring law firm, start with us. We are local to Florida and are here to help evaluate your case. Contact us today for a free consultation.
