Parking lots are often tight, congested places with poor lighting and confusing designs, making them a common location for car accidents. Even a minor fender-bender in a parking lot can be upsetting and expensive, but a more serious parking lot accident can leave you facing injury costs as well as property damage to a vehicle, often necessitating the assistance of a Carrollton car accident lawyer.
Under the fault-based accident law in Texas, a claimant seeking compensation for their damages must file their claim against the at-fault party’s insurance. But how do you determine fault after a Texas car accident?
Right of Way Laws In Texas Parking Lots
While most drivers are familiar with right-of-way rules for intersections and merges, parking lot rules of right of way aren’t as commonly understood. Worse, many parking lots are poorly designed and lack adequate signage. Although they’re often private property, parking lots fall under Texas Traffic Code Chapter 550 for right-of-way rules and reporting requirements.
For example:
- Drivers on thoroughfares (the main lanes in parking lots) have the right of way, and all drivers in feeder lanes must yield the right of way and wait until the thoroughfare is clear before entering
- Drivers making a left turn into a parking space must yield to drivers in the oncoming lane
- Drivers who are backing out of parking spaces must yield to the vehicles behind them who have the right of way in the thoroughfare or feeder lanes
- Motorists must always yield to pedestrians and bicyclists in Texas parking lots
- Drivers must carefully follow posted signs, such as yield signs, stop signs, and directing arrows
- When exiting a parking lot, drivers on the road always have the right of way
- Drivers may not cut through parking lots to avoid traffic signals
Determining fault in Texas parking lot accidents requires evidence showing which driver violated the rules of right-of-way or posted signs.
What Types of Evidence Is Used to Prove Fault In Texas Parking Lot Accidents?
Under the fault-based Texas injury law of modified comparative negligence, a car accident claim for damages must be filed against the at-fault party. Drivers involved in parking lot accidents must report the accident to the police if the accident involves an injury, or if it caused enough damage to at least one vehicle that it can’t be safely driven. Both drivers must remain at the scene until the police clear them to leave. In these cases, the police generate an accident report at the scene that becomes key evidence proving fault.
Additional evidence proving fault in Texas parking lot accident claims includes:
- Security camera videos
- Dashcam videos
- Photographs of the damaged vehicles and their locations after the crash
- Eyewitness testimony
- The testimony of accident reconstruction specialists
After a car accident, taking photos at the scene showing the involved vehicles in their resting positions before they are moved or towed benefits your case. A successful personal injury claim recovers compensation for property damage costs to repair or replace the vehicle, depending on the severity of the damage.
A parking lot accident injury victim in Texas may recover their total medical expenses, out-of-pocket costs, total income loss, and compensation for pain and suffering by demonstrating the at-fault party’s liability through evidence. Contact GreeningLaw today for a free case evaluation.