I Was Injured in an Ohio Parking Lot Accident. Who Can be Held Liable?

Parking lot accidents happen more often than you might think. They can also be a lot more dangerous than you might think.

In this blog, Friedman, Domiano and Smith discuss Ohio parking lot accidents, including why they happen, who may be liable and what to do after being involved in one.

If you have been injured in a parking lot accident or a crash on any other road, we want to help. Our Cleveland-based car accident lawyers have decades of experience helping car crash victims, recovering millions in compensation on their behalf. We do not charge any upfront fees and you are not obligated to hire us after a free initial legal consultation.

What Are the Main Types of Ohio Parking Lot Accidents?

There are numerous types of parking lot accidents, and they have various causes. Often, at-fault drivers were distracted, speeding or disobeying traffic laws.

Some of the most common types of parking lot accidents include:

• Backing-Out Collisions: When two drivers back out of their parking spaces simultaneously, they might crash into each other.
• Rear-End Collisions: Drivers may stop suddenly to wait for a parking space or to avoid pedestrians, causing the car behind them to rear-end them.
• Sideswipes: These occur when a driver cuts a turn too sharply or does not stay in his or her lane.
• Stationary-Vehicle Accidents: These are crashes involving a moving vehicle hitting another vehicle that is parked or not in motion, such as a parked car or one that is illegally parked.
• Accidents Involving Pedestrians: A driver could hit a pedestrian as he or she is backing out of a parking spot or driving through a parking lot.
• Accidents Caused by Poor Road Conditions or Signage: Poor or non-existent lighting, poorly maintained surfaces, or lack of signs could cause a parking lot accident.

Who May Be at Fault for a Parking Lot Accident in Ohio?

While there are various reasons for parking lot collisions, most are caused by negligent drivers. For instance, drivers could be held liable for a parking lot crash if they:

• Did not make a complete stop at a stop sign
• Failed to yield to pedestrians, cyclists or other vehicles, especially pedestrians or bicyclists in a crosswalk
• Were the one moving while the other car was stationary
• Backed out of a parking space and hit a moving car, as the driver in the traffic lane has the right of way
• Were following too closely or were distracted and crashed into the back of the lead vehicle, such as at a stop sign

Drivers often engage in these negligent behaviors because they were distracted and were not paying attention to the vehicles around them. Drivers also speed in parking lots, putting them at higher risk of causing a collision.  

What if Victims and Negligent Drivers are Partially at Fault?

Sometimes lawyers and insurance companies have a difficult time determining who is at fault for a parking lot accident. This could be because both vehicles were in motion, and it is tough to determine who had the right of way. For instance, this could happen if two vehicles backed out of parking spaces at the same time.

In these situations, both drivers may share fault for the crash. These claims are governed by Ohio’s comparative negligence law. The law says you cannot recover compensation if you are more than 50 percent at fault for a personal injury. Anyone who is below this threshold can recover compensation, but it will be reduced according to your percentage of fault.

For example, if the other driver is 80 percent at fault for the crash and you are 20 percent at fault, you can recover 80 percent of your damages from the other party. Therefore, if your award is $500,000, it will be decreased to $400,000.

What Are Ohio Parking Lot Accident Laws?

Traffic laws help insurance companies and lawyers determine who is at fault for a crash, including a parking lot crash. Below, we review some Ohio traffic laws for parking lots. Understanding Ohio parking lot accident laws can help you stay safe in parking lots.

Right-of-Way Laws

Generally, the cars in the primary lanes that run around and through the lot have the right of way. If you are preparing to back out of a parking space, approaching drivers usually have the right of way.

If you have backed out of a spot and are approaching the primary lane that runs around the parking lot, you should generally yield to drivers in the primary lane.

If you are in the primary lane, you should yield to pedestrians and bicyclists in the crosswalk and obey all road signs, such as yield or stop signs.  

Texting and Driving

Some people text and drive in parking lots because the speed limit is lower, and they feel like there is less risk.

However, Ohio Code 4511.204 prohibits using a handheld electronic wireless communication device to write, send or read a text-based communication while driving.

Drivers who are not distracted by their devices have a better chance of preventing a car crash.

Stop Signs and Speed Limits

Drivers must obey posted speed limits and traffic signs. Disregarding these regulations is not only illegal, but also dangerous. Violators are also likely to be found negligent if a crash occurs.

What if a Driver Hit My Parked Car and Left?

If someone hits your parked car and leaves without waiting for you or at least leaving a note with their contact and insurance information, there could be severe criminal penalties. This is a first-degree misdemeanor in Ohio and the driver could be sentenced to jail time and lose his or her license.

Ohio law requires drivers to stop at the scene of any collision with other persons or property. Drivers must remain at the scene until they have exchanged names and addresses.

If this ever happens to you, there are several steps you should take:

• Document the Incident: Take photos of the damage to your vehicle and the surrounding area in the parking lot.
• Look for Witnesses: Ask people nearby if they saw anything and if they can provide any details. Witnesses may be able to provide a description of the driver and the driver’s vehicle.
• Report the Crash to the Police: File a police report to document what happened. The police may also be able to locate the driver.
• Contact a Lawyer: Your lawyer may be able to help you use your uninsured motorist coverage to obtain compensation for your damages.

Can a Parking Lot Accident Cause Any Serious Injuries?

Many people may believe parking lot accidents are minor and could only involve property damage. However, these incidents can still cause significant injuries, such as:

Whiplash

Your neck can whip forward and backward from the sudden impact, causing pain primarily in your neck. These injuries can occur at speeds as low as five to 10 miles per hour (mph).

Broken Bones

Even a low-speed collision, such as at 25 mph, can cause fractures. For example, when a vehicle strikes a pedestrian, the impact can break bones in the legs.

Head Injuries

Hitting your head on the steering wheel or window can cause a concussion. Some of the other types of head injuries that car crash victims may suffer include:

• Contusion: A bruise on the brain due to direct trauma. It can lead to swelling and localized bleeding.
• Skull Fracture: A break in the skull bone. Some injuries can be minor or life-threatening, depending on their severity.
• Intracerebral Hemorrhage: Bleeding within the brain tissue caused by ruptured blood vessels. This could lead to swelling and increased intracranial pressure.
• Diffuse Cerebral Swelling: Generalized brain swelling due to trauma. It could be life-threatening if not managed promptly.

Bruises and Cuts

Broken glass can cause cuts on a crash victim’s neck, face or hand. Also, the impact of a crash could lead to bruises.

Were You Involved in an Ohio Parking Lot Accident? Call Friedman, Domiano and Smith

If you were involved in an Ohio parking lot accident due to another driver’s negligence, consulting an experienced lawyer can be an important step.

Our knowledgeable legal team has decades of experience with car accident cases, and we have a proven track record of securing favorable results for our clients. We have in-depth knowledge of Ohio traffic laws that apply to these incidents.

Contact us if you have any questions about your legal steps following a crash. There are no upfront fees or costs for our services and your initial consultation is free of charge.