What are the common causes of parking lot accidents?
Accidents in a parking lot boil down to drivers making simple mistakes (typically referred to as driver error). Driver errors are mostly preventable — yet they are a leading cause of parking lot accidents in Canada.2 Most of these errors can be attributed to:
- Speeding: While there may not always be signage in place, speeding in congested areas can make it difficult to react to unforeseen dangers (like an unguarded child running into traffic). Some provinces also have strict enforcement when it comes to parking lot speeds. For instance, in British Columbia, the maximum speed is 20 km/h.3
- Distracted driving: Whether it’s texting, adjusting the radio, or fiddling with the infotainment system, many of these activities can divert your attention from the road.
- Failing to obey traffic signs: Stop signs, yield signs, and no parking zones are there to control the flow of traffic — ignoring them creates hazardous conditions for everyone.
- Ignoring blind spots: Checking your side mirrors isn’t always enough; you’ll need to pay attention to areas with limited visibility that may be obstructed by pillars, parked cars, or bad weather.
The rules of the road are there to be followed, and parking lots are no exception. It’s important to be mindful of how you’re driving in an area that contains multiple hazards.
How is fault determined in a parking lot accident?
Insurance providers apply the same provincial fault determination rules for parking lot accidents as they’d use for any other collision.
For example, Ontario’s fault determination rules assign a percentage of fault to each driver, ranging from 0 to 100 percent. These rules outline who is at fault in almost every possible traffic scenario, so some will apply to parking lots, too. Similar laws exist in Alberta, Quebec, and other provinces as well.
Dealing with a parking lot collision is the same as any other road accident — you’ll report to the police, collect witness statements, and then file a claim with your insurer. When filing your claim, you’ll need to provide detailed information about the accident, including the date, time, location, and any injuries or damage involved. You might find it helpful to submit photos of the accident scene and your vehicle, too (if you have them). This information will give your insurer a more accurate representation of the collision, which could speed up the claims process and your settlement.
Parking lot accident scenarios
Two vehicles back into each other
When two drivers reverse out of their spaces at the same time and collide, both drivers will share fault equally — unless there is evidence to prove otherwise.
Normally, it comes down to who has the right of way, and whether either driver could have reasonably avoided the collision. If it’s determined that one of them could have and didn’t, the negligent driver will be liable for the damages. The same logic applies when only one car is reversing. If one car backs out of a space and hits another car already travelling down the lane (also known as a t-bone), the reversing car would be at fault as the oncoming vehicle has the right of way.
Fortunately, back-up cameras and parking sensors are common enough now that most reversing collisions are preventable. They’ll certainly help you park safely, but that doesn’t mean they’re perfect. A camera only shows you what it’s pointed at, and a backup sensor might not pick up a fast-moving car quickly enough. Always shoulder check before you reverse, especially when in a congested parking area.
A vehicle hits a pedestrian
A driver who hits a pedestrian in a parking lot is usually presumed at fault. Pedestrians almost always have the right of way unless a traffic sign or officer directs otherwise.
Note that pedestrians can be at fault, too. For instance, if a pedestrian darts out in front of a moving car without looking (an act of negligence), they could share or even bear full responsibility for the accident.
A vehicle hits a stationary object or a parked car
If you crash into a non-moving object, you’ll likely be 100% at fault, since there’s no other driver to hold accountable. Stationary objects include things like fire hydrants, light posts, traffic signs, and, most obviously, parked cars.
A vehicle rear-ends another vehicle at a corner or stop sign
Rear-ending another vehicle at a stop sign is a clear indication of driver error. If you hit another car at a controlled intersection or in a parking lot area where you’re required to yield, your insurer may find you at fault and raise your rates. Or worse, if the other driver is seriously injured, you could be held liable for their medical costs — though this only happens in extreme cases.
A vehicle hits another vehicle and leaves (hit-and-run)
In a hit-and-run, the driver who leaves the scene — the one who ‘fails to remain’ — is generally considered the at-fault party. Hitting a parked car or another vehicle and fleeing the scene is considered a crime in most jurisdictions.
