{"id":3589,"date":"2018-07-02T08:44:54","date_gmt":"2018-07-02T15:44:54","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/?page_id=3589"},"modified":"2024-07-31T10:19:48","modified_gmt":"2024-07-31T17:19:48","slug":"who-is-at-fault-in-car-accident-when-backing-up","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/blog\/who-is-at-fault-in-car-accident-when-backing-up\/","title":{"rendered":"Who is at Fault in a Car Accident When Backing Up?"},"content":{"rendered":"

This post is also available in:<\/em> Spanish \/ Espa\u00f1ol<\/a><\/p>\n

Introduction<\/h2>\n

There\u2019s a lot going on in a parking lot\u2014you have cars pulling into spaces, backing out of spaces, driving through the lanes, and often driving hazardously with no regard to the lines or other cars. Factor in one-way lanes, cramped parking spaces, unusual traffic flow patterns, unique layouts, and a sea of pedestrians, and it\u2019s no surprise that so many accidents<\/a> happen when you\u2019re backing out of a parking space.<\/p>\n

How to Determine Who is at Fault<\/h4>\n

When any accident occurs (not just backing up in parking lots), there are two factors that primarily determine who is at fault. These are often the first questions that police officers and insurance adjusters ask (other than asking if everyone is ok, of course). The two important questions are:<\/p>\n

Was the Car Moving?<\/h4>\n

This one is a no-brainer. When only one car is moving, the driver of the moving vehicle is typically at fault for the accident. Things can get a little grey when the stationary car is illegally parked on a public roadway, but on private property (most parking are private property, by the way) those white and yellow parking lines are just guidelines, not rules. Even if you back into a car that\u2019s double-parked in two spaces, or that\u2019s extending out into the lane, the driver of the moving car will likely be at fault.<\/p>\n

Which Driver had the Right-of-Way?<\/h4>\n

When both cars involved in the accident are moving, only one car has the right-of-way<\/a> based on the traffic pattern. And while parking spaces may just be guidelines, any clearly marked traffic lanes are enforceable. In most cases, whichever driver doesn\u2019t have the right-of-way is at fault for the accident. That said, a vehicle that\u2019s driving recklessly, too fast, or fails to yield may trump the right-of-way rules and be at fault for the accident.<\/p>\n

Examples of Common Parking Lot Accidents<\/h4>\n

Determining who has the right-of-way in a parking lot accident can be challenging. It\u2019s not like a public road where there are street lights, stop signs, and speed limits. The insurance agent will need to consider multiple factors such as the traffic flow, the speed of both cars, and any potential failure to yield. In many cases, both vehicles (and by extension, both drivers) may be partially responsible for the accident. In those cases, the question isn\u2019t who is responsible, but rather who is primarily at fault for the accident.<\/p>\n

Following is a brief discussion of five of the most common types of parking lot accidents and who is typically viewed as at fault. These examples aren\u2019t necessarily the rules of the road and are certainly up for interpretation based on the actual circumstances, but they\u2019re a good representation of how an insurance company will assess who is at fault in a parking lot accident.<\/p>\n

A Car Backs into the Lane of Traffic<\/h4>\n

Since both vehicles are moving, both drivers share some responsibility for the accident. However, the vehicle in the traffic lane technically has the right-of-way, and the vehicle that\u2019s backing out is required to wait until it\u2019s safe to back out of the parking space. Unless the vehicle in the lane was driving excessively fast or recklessly, the driver who is backing out of the parking space is primarily at fault.<\/p>\n

A Car Pulls Forward into the Lane of Traffic<\/h4>\n

Again, both cars are moving here, so each driver shares some responsibility for the accident. Similarly, the vehicle in the traffic lane has the natural right-of-way, so the driver pulling out of the space is primarily at fault unless the other vehicle is driving recklessly, speeding, or fails to yield.<\/p>\n

Two Cars Back into Each Other (Both Backing-Up)<\/h4>\n

This might be the most common type of accident in a parking lot. Since both vehicles are moving, both drivers share responsibility. To make matters even more puzzling, neither driver has the right-of-way, as each is responsible for checking to make sure the coast is clear before backing up the car. This might be surprising, but in such cases both drivers will likely share fault equally for the accident.<\/p>\n

Two Cars Competing for a Parking Space Collide<\/h4>\n

We\u2019ve all seen what happens when two drivers rush to get the last parking space in the lot. It turns into an expensive game of chicken, and when neither car yields it ends in an easily avoidable accident. Because both cars are moving, both drivers retain some responsibility. So, who is at fault? When a vehicle makes a turn across traffic, the driver is required to yield to oncoming traffic (ARS 28-772<\/a>). In this case, the vehicle turning left into the parking space failed to yield, so that driver is primarily at fault for the accident.<\/p>\n

A Car is Rear-Ended at a Stop Sign<\/h4>\n

Accidents involving a vehicle that\u2019s rear-ended at a stop sign<\/a> are open-and-shut cases. Only one car is moving, so the vehicle that rear-ends the car in front is at fault. While speed and reckless driving may be important factors in the other examples, they rarely effect determination of fault in cases like this. Even if the vehicle in front slammed on the breaks and stopped abruptly, the rear vehicle should have provided a safe distance between the cars to stop and avoid a collision. It\u2019s safe to say that in this type of parking lot accident, the vehicle in the rear will always be at fault.<\/p>\n

Potential Exceptions to the Rules<\/h4>\n

When both vehicles involved in the accident were moving, determining who had the right-of-way is usually the first step. After that, the insurance agent will likely consider three factors that could potentially assign fault beyond who had the right-of-way:<\/p>\n