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Who Is Responsible for a Parking Lot Accident in Illinois?

Posted on in Car Accidents

Waukegan personal injury attorneysAt grocery stores, shopping centers, and business parks throughout the region, it is not uncommon to see drivers scrambling to find convenient parking spaces. In most parking lots, you can expect the constant movement of cars and pedestrians—the combination of which can easily lead to an injury-causing accident.

Accidents in a parking lot are often caused by drivers not paying attention for various reasons. For example, drivers may distracted by their phones or by small children in the car. Regardless of the cause of distraction or inattentiveness, the outcome is too often an accident involving another car or a pedestrian.

Determining Who Is at Fault for a Parking Lot Accident

The popular belief is that fault in a parking lot crash is equally shared by the drivers involved. However, this is not always the case. A parking lot accident is handled the same way as any other accident on the road would be. This is because parking lots have right-of-way rules that must also be followed and obeyed. A driver who did not yield to another driver or pedestrian with the right of way is likely to be found liable if an accident were to occur.

Right of Way in a Parking Lot

Determining who has the right of way in a parking lot can confusing. However, it helps to know there are generally two types of lanes in a parking lot with corresponding right of way rules: thoroughfares and feeder lanes.

A lane that exits to the main street is a thoroughfare. Thoroughfares tend to be the widest lanes in a parking lot. Feeder lanes, by comparison, are smaller lanes that generally begin and end at the thoroughfares. In most cases, drivers who are in a feeder lane are expected to yield to those moving on a thoroughfare.

Accidents While Backing Out

Another common type of parking lot accident is a crash in which at least one driver was backing out of a parking space. Other parked cars often reduce visibility for a driver who is backing out, but it is up to that driver to be aware of his or her surroundings. For example, if you back up and hit another legally parked vehicle, you will likely be found at fault. However, if you are moving at a safe speed in a feeder lane, and you are hit by a car that was backing out of a parking space, the driver of the other vehicle may be responsible.

Contact a Lake County Motor Vehicle Accident Attorney

If you have been the victim of a car accident in a parking lot, an experienced Waukegan personal injury attorney can help you understand your options for pursuing compensation. Call 847-662-3303 to set up a free initial consultation at one of the four convenient locations of Salvi & Maher, L.L.C. We do not charge anything upfront, and we only collect our fees if you recover compensation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+IX&ActID=1815&ChapterID=49&SeqStart=126100000&SeqEnd=127300000

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