Determining who is at fault for a parking lot accident in South Carolina generally depends on establishing who had the right-of-way and whether anyone involved was negligent. Doing this requires gathering evidence and presenting it in a way that supports your case.
How Do You Prove Who Is At Fault in a South Carolina Parking Lot Accident?
Proving fault in a parking lot accident involves demonstrating that the other driver ignored your right-of-way or was negligent in their actions. In other cases, you may need to prove that the parking lot owner didn’t take good care of the property. Some actions that could show negligence include:
- Not checking for pedestrians or other vehicles before backing up
- Failing to stop at stop signs or yield to pedestrians at crosswalks
- Speeding in the parking lot
- Property owners not providing enough lighting or fixing hazards
- Driving the wrong way down a lane
You need supporting evidence to prove that a driver engaged in these or other negligent actions. Some of the most common forms of proof in parking lot car accidents are:
- Eyewitness testimony – There’s a good chance other people in the parking lot witnessed the collision. If this is the case, you should ask them for their contact information so your attorney can follow up to collect their statements.
- Security camera footage – Many parking lots have security cameras. Your attorney can request the footage of the accident from the business that owns the cameras.
- Physical evidence – There may be other physical evidence that can support your claim, such as skid marks, the positions of the vehicles, or a lack of lighting.
What Are Some Parking Lot Right-of-Way Procedures to Follow in South Carolina?
Understanding right-of-way rules is essential for proving liability in a parking lot accident. In South Carolina, some of these procedures include:
- Pedestrians always have the right-of-way – Vehicles must always yield to pedestrians in a parking lot, even if the pedestrians are not in a crosswalk.
- Yield to vehicles in through lanes – Vehicles driving in the main lanes of parking lots have the right-of-way over those exiting parking spaces or at stop signs. A vehicle turning into a lane always has the right-of-way over a vehicle turning out of a lane.
- Obey all traffic signs – Stop signs, crosswalks, traffic arrows, and speed limits apply the same way in parking lots as on public roads. A driver that fails to obey traffic signs could be negligent.
- Be cautious when backing out – Drivers must check for pedestrians and other vehicles before backing out of a parking space. The driver who was backing out when the accident occurred is typically at fault.
What Are Common Accidents That Happen in Parking Lots?
Parking lot accidents can occur in various ways, often leading to disputes over who is responsible. Some of the most common types of crashes in parking lots include:
- Pedestrian accidents – These collisions happen when a vehicle strikes a pedestrian, either because the driver fails to yield to a pedestrian or does not adequately check for them before backing up or turning.
- Head-on collisions – These accidents happen when two vehicles try to pass each other in narrow lanes, when a driver ignores right-of-way rules, or when a driver swerves into the path of another car.
- Rear-end collisions – The primary causes of rear-end collisions are distracted drivers and speeding. A distracted driver may not realize that the vehicle ahead of them stopped at a stop sign, for another car with the right-of-way, or for a pedestrian. Speeding drivers also have less time to react to a slowing or stopping car ahead of them.
- Side-impact collisions – Also known as “T-bone” collisions, these occur when one car hits the side of another. These accidents happen at intersections or when a vehicle backs out of a parking spot into the side of a car passing behind.
What Should You Do After a South Carolina Parking Lot Accident?
If you were in a parking lot accident in South Carolina, taking the following steps can help protect your rights and make the claims process easier:
- Report the accident to the police – Any time a collision results in injury, you should report it to the police. They will come out and create an accident report, which you may need when filing your claim with the at-fault driver’s insurance company.
- Seek medical treatment – It’s important to get medical care directly after an accident and to continue seeking ongoing treatment for your injuries. This creates a paper trail documenting your injuries and the treatments you received for them, which will support your claim for medical expenses.
- Document the scene – Take photos and videos of the accident scene, your injuries, vehicle damage, skid marks, and any relevant traffic signs. This crucial evidence can play a significant role in your claim.
- Collect witness information – Speak to anyone who witnessed the crash and get their contact information.
- Notify your insurance company – Even if you are not at fault for the accident, it’s a good idea to notify your insurance company just in case you need to file an uninsured or underinsured motorist claim later.
- Seek legal counsel – A car accident attorney can gather evidence, file your insurance or personal injury claim, negotiate with the insurance company, represent you at trial, and provide general legal advice throughout the process.
Contact a South Carolina Car Accident Lawyer
Parking lot accident claims can be complicated, especially when there is a question about who is at fault. Understanding how right-of-way rules, negligence, and the evidence you gather can impact your case is essential in South Carolina.
If you suffered injuries in a parking lot collision, contact McKinney, Tucker & Lemel LLC’s experienced car accident attorneys. During your initial consultation, our team will evaluate your case, review your legal options, and explain the insurance and personal injury claims processes.
The personal injury law firm of McKinney, Tucker & Lemel LLC has been fighting for car accident victims’ rights since 1977. Our attorneys have the experience, resources, and skills necessary to fight for justice and demand compensation for what you have suffered. We are cost-effective, responsive, and dedicated to making your concerns our priority. According to our clients, our lawyers are “always easy to reach and extremely helpful” and our “knowledge of the law is priceless.” Reach out today to find out what our services can do for you.
