Who May Be Liable for a Parking Lot Car Accident in Charleston?

At Roden Law, our Charleston car accident lawyers can help you understand your legal rights, so you have a chance to pursue fair compensation. If someone else caused a parking lot accident that left you with injuries, do not hesitate to call our office. One of our attorneys can discuss your legal options with you and address your concerns before moving forward with filing a claim.

Request a free consultation today: 1-844-RESULTS.

Is The Other Driver Always Liable for Hitting My Car in a Parking Lot?

No, the other driver is not always liable for hitting your car. Charleston parking lot accidents involve various factors that can deem other parties liable for an accident.

After a parking lot accident, you and the other party may share liability. For example, if you were not paying attention while backing out and the other driver was speeding, you may both share fault.

Who May Be Liable for a Parking Lot Car Accident in Charleston?

Multiple parties can be held responsible for parking lot accidents in Charleston, depending on the specific circumstances of your crash. When you know the liable parties, it can help you to get the compensation needed from one or several parties.

Drivers

The drivers in the accident are often primarily responsible for parking lot crashes. Common drivers’ mistakes include:

• Backing Out Without Looking: Drivers who reverse without checking mirrors can hit other cars or people walking by.
• Driving too fast. Most Charleston parking lots have 5-10 mph speed limits. Drivers who go faster lose control and cause crashes.
• Not following right-of-way rules. Main driving lanes have the right-of-way over parking rows. Drivers who pull out without yielding cause accidents.
• Texting while driving. Using phones or GPS while driving through parking lots leads to crashes.
• Drunk or impaired driving. Impaired drivers are dangerous in tight parking lot spaces.

Pedestrians

People walking in parking lots may share blame for their injuries. For example, if someone is not using walkways and cut between parked cars instead of using marked paths, it increases the risks of accidents.

Those who are walking distracted by their phones may not notice approaching cars. They are more likely to cross parking lots without looking. This can lead to serious accidents.

Property Owners

Charleston property owners must maintain safe parking lots for visitors. They can be liable when poor upkeep causes accidents. For example, bad lighting creates dangers. Dark parking lots at night make it hard to see people, cars, or obstacles.

Other hazards may include:

• Poor design causes confusion. Narrow lanes and blind corners increase crash risks.
• Poor maintenance leads to accidents. Potholes, cracked pavement, and faded lines create dangerous conditions.
• Bad security allows crime. Property owners may be liable if poor security leads to carjackings that cause accidents.

Construction Companies

Construction work in Charleston parking lots often creates dangerous conditions. Construction companies may be liable for:

• Missing warning signs: Not posting proper signs about hazards or lane closures.
• Poor traffic control: Not providing flaggers when needed during construction.
• Equipment left in traffic areas: Leaving tools or materials where cars can hit them.
• Poor lighting: Not providing temporary lights when construction affects parking lot lighting.

What Type of Evidence Proves Negligence in a Parking Lot Accident?

You need clear evidence showing how the accident happened and who caused it to prove negligence in a Charleston parking lot accident. These crashes are harder to prove than highway accidents because they often lack police reports and witnesses.

Security Camera Footage

Video surveillance provides the best proof of who caused your parking lot accident. Many Charleston businesses have security cameras that capture valuable evidence. These devices can provide a timestamp of the accident and property conditions are visible, which is helpful when determining liability.

Witness Statements

People who saw your accident provide important testimony, especially when cameras are not available. For instance, shoppers and workers could have witnessed the crash.

Collect names and phone numbers from all witnesses before they leave. It is a good idea to ask witnesses to write down what they saw or record their statements on your phone. Later, it may be difficult for witnesses to remember what they saw. When several people describe the same events, it may make your explanation of what happened more credible.

Police Reports

When police officers arrive at a parking lot accident, their observations can create strong evidence of who was at fault. Officers investigate the scene, apply traffic laws, and may issue tickets for violations like failing to yield or reckless driving, which are apparent signs of negligence.

Police report also include helpful details like accident diagrams, skid marks, and vehicle positions. If alcohol is involved, sobriety tests and breathalyzer results can prove impairment. Even for minor accidents, calling 911 makes insurance claims easier with an official report.

Vehicle Damage

Car damage can clearly show how a parking lot accident happened. For example, front-end damage may mean someone failed to yield, while side damage could show a driver pulled out without looking.

Vehicle damage can also indicate these types of negligence:

• Severe damage may indicate unsafe driving speeds.
• Paint transfer can show which parts of the vehicles made contact.
• Mechanical damage, like a broken turn signal, may prove a driver was driving recklessly.

South Carolina Traffic Laws That Apply to Parking Lots

South Carolina traffic laws apply to parking lots just like public roads. These laws are used to determine fault after a crash.

• Right-of-Way Rules Control Parking Lot Traffic: Cars in through lanes have the right-of-way over vehicles coming from parking spaces. You must yield when pulling out of a parking spot.
• Speed Limits Apply in Parking Lots: South Carolina enforces speed limits in parking lots to keep people safe. Whether drivers see posted speed limits or not, it is their responsibility to slow down if they notice another nearby vehicle.
• Pedestrian Safety Laws Protect Walkers: Crosswalks give pedestrians priority. Drivers must yield to people in marked crossing areas, even in private lots.
• Handicapped Parking Gets Strict Enforcement: Valid permits or plates required. Only cars with proper handicapped permits can use designated spaces.

What To Do Immediately After a Charleston Parking Lot Accident

You need to take the right steps immediately after a Charleston parking lot accident to protect your safety and strengthen your legal claim.

Make Sure Everyone Is Safe

Your priority is protecting yourself and others from further harm. Move to safety if possible. If your car blocks traffic, carefully move it to a parking space, if safely possible. Turn on hazard lights to warn other drivers.

Other steps you can take are:

• Stay in your car if it is unsafe to get out. If the area is busy with traffic, remain in your vehicle with your seatbelt on until help arrives.
• Check for injuries. Look at yourself, your passengers, and people in other cars for any signs of injury.
• Call 911 for medical help. Request ambulances immediately if anyone reports pain or appears hurt, no matter how minor it seems.

Exchange Information with Drivers

Get complete information from everyone involved to help with insurance claims. Record full names, license numbers, addresses, and phone numbers for all drivers.

Be sure to collect their insurance company information. Also, record make, model, year, color, and license plate numbers for all cars involved. If they were in a company car, find out if they were on the job at the time.

Hit and Run Scenarios

If you were involved in a hit and run accident, do not attempt to chase after the fleeing driver. Write down the license plate number or attempt to remember the last few digits. Also, pay attention to the make model or color of the car. Ask if anyone nearby saw the accident or got the license plate number.

When To Hire a Lawyer for Charleston Parking Lot Accidents

Speak with a lawyer immediately if you are hurt, facing blame, or struggling with insurance after a parking lot crash. Legal representation becomes essential when the stakes are high, or the case becomes complicated.

Get Legal Help When Fault Is Disputed

Insurance companies often dispute liability in parking lot accidents due to complex traffic rules and limited evidence. Fault can be disputed when one of the following scenarios occurs.

• Multiple parties claim you caused the accident: When several drivers blame you, legal representation helps investigate the true cause and protect your interests.
• Property owners deny responsibility: If dangerous parking lot conditions contributed to your accident, property owners often dispute their liability.
• Conflicting witness statements: When witnesses tell different stories about what happened, attorneys know how to evaluate credibility and find additional evidence.
• No police report available: Parking lot accidents without official reports require legal expertise to establish fault through other evidence sources.
• Contributing factors are complex: When poor lighting, confusing signage, or weather conditions played a role, determining liability requires legal analysis.

Hire an Attorney for Insurance Company Problems

Insurance companies use various tactics to minimize parking lot accident payouts. A qualified attorney knows how to handle when insurance companies attempt to implement these strategies.

• Quick Settlement Offers: Early settlement attempts often come before you understand the full extent of your injuries and damage.
• Delayed Claim Processing: Insurance companies sometimes stall investigations hoping you will accept less money or evidence will disappear.
• Denial of Coverage: When insurers claim their policies do not cover parking lot accidents, legal representation can challenge these denials.
• Blame-Shifting Between Multiple Insurers: When several insurance companies point fingers at each other, attorneys can cut through the confusion.
• Bad Faith Insurance Practices: If your own insurance company unfairly denies or delays your claim, you may need legal action to force payment.

Get Legal Help for Complex Liability Situations

Certain parking lot accident scenarios create complicated liability issues that require legal expertise.

• Multiple vehicle collisions: Chain reaction accidents with several cars need thorough investigation to determine each party’s responsibility.
• Commercial vehicle involvement: Accidents with delivery trucks, company cars, or rideshare vehicles create additional liability questions about employer responsibility.
• Pedestrian accidents: When pedestrians are injured in parking lots, determining fault between drivers and walkers requires legal analysis.
• Government property accidents: Crashes in government-owned parking lots have special notice requirements and claim procedures.
• Product liability issues: If vehicle defects or faulty parking lot equipment contributed to your accident, manufacturers may share liability.

Call Roden Law After You Have Been Involved in a Charleston Parking Lot Accident

Parking lot accidents in Charleston involve complex liability issues that extend far beyond simple driver error. The unique challenges of parking lot accidents require experienced legal guidance to navigate successfully.

At Roden Law, we understand the intricacies of Charleston parking lot accident cases and know how to investigate all potential sources of liability. Our experienced team has successfully represented clients to secure the maximum compensation they need for recovery.

Call today to find out how we can support you throughout the legal process: 1-844-RESULTS.