Pedestrian Injuries in Parking Lots: What Are Your Legal Options?

It is often tempting for motorists and pedestrians to let their guards down in parking lots due to the common misconception that parking lots are safer than other public and private roadways. In reality, however, parking lots are incredibly common sites of traffic accidents and directly contribute to the startlingly high incidence of pedestrian-related accidents in the United States.

According to the National Highway Safety Administration (NHSA), a pedestrian was killed every 70 minutes in traffic accidents in 2022, and approximately 67,000 pedestrians were injured nationwide. With these statistics in mind, it is important to understand the common causes of pedestrian traffic injuries, as well as the legal recourse available to individuals injured in parking lot accidents. Let’s take a closer look at some of the contributory causes of pedestrian parking lot injuries and explore how injured individuals can exercise their legal rights in the aftermath of these particularly dangerous incidents.

Why are parking lot accidents so common?

Many of us are familiar with the old adage that most traffic accidents happen close to home – a fact that has been consistently supported by contemporary research efforts. The reasoning for this phenomenon is generally that drivers become less alert as they get closer to their destinations and subsequently may be more likely to engage in unsafe driving practices. That is to say that once they are “in the home stretch,” drivers may become a little too complacent and take fewer of the necessary precautions for ensuring their personal safety and the safety of those around them.

Parking lot accidents are common for many of the same reasons. The combination of reduced speed limits, limited traffic, and a sense of arrival all contribute to drivers de-prioritizing safety when navigating the parking lots of their intended destinations. Distracted driving is particularly common in parking lots, as drivers may find themselves fiddling with their radios, gathering their belongings, or managing their GPS devices when entering or leaving a parking lot.

Additionally, certain environmental factors can increase the risk of traffic accidents in parking lots. For example, some parking lots may lack adequate lighting or may be laid out in such a way as to negatively impact visibility for both drivers and pedestrians. All of these factors in conjunction with one another make parking lots hotbeds of traffic incidents, with most estimates suggesting that approximately 20% of all collisions occur in parking lots, garages, and other parking areas.

Who has the right of way in Georgia parking lots?

According to Georgia state law, pedestrians generally have the right of way in crosswalks, intersections, and other roadways (such as parking lots). Here is an overview of what the Georgia codes say about when and how drivers should yield to pedestrians:

• Drivers must stop and stay stopped for pedestrians.
• It is illegal for drivers to squeeze by or drive around pedestrians in crosswalks.
• If a vehicle is stopped to let a pedestrian cross, it is illegal for other drivers to pass that vehicle.
• It is illegal for pedestrians to suddenly leave a curb or run into a crosswalk if a vehicle is approaching at a distance that would make it impractical for the driver to yield.
• Pedestrians crossing a roadway outside of a marked crosswalk must yield to vehicles unless the pedestrian has already entered the roadway at a safe distance.
• Pedestrians must yield at all times to vehicles in roadways if a pedestrian tunnel or overpass is available to them.
• At signaled intersections, pedestrians may not cross except for in designated crosswalks.
• Pedestrians may not cross intersections diagonally.
• When emerging from an alley, driveway, or garage, drivers must stop at the sidewalk and wait for all pedestrians to cross.

In short, Georgia law makes clear that, as long as pedestrians are crossing safely and legally, drivers are always expected to stay alert and yield the right of way to individuals walking through intersections, crosswalks, and other roadways.

Parking lot accidents: Causes and liability

Several factors contribute to pedestrian accidents in parking lots, and each of those causes has its own distinct implications for liability. Some of the most common causes of these accidents are:

• Driver negligence: As we’ve discussed, many drivers fail to pay close attention when backing out of parking spaces, making turns, or driving through parking areas. Distracted driving is a major culprit of these accidents and can directly contribute to other reckless behaviors like speeding and failing to yield.
• Design flaws: Parking lots that lack adequate signage, crosswalks, or lighting may pose significant risks for drivers and pedestrians alike. Regardless of whether a parking lot is on private or public property, facility owners and managers are expected to ensure their parking lots are safe and easily navigable for all.
• Poor maintenance: In addition to the aforementioned dangers posed by poor lighting in parking lots, other maintenance issues like potholes, debris, and ice can put drivers and pedestrians at a high risk of harm.
• Reckless/distracted pedestrians: Georgia law makes clear that pedestrians are not immune from liability in traffic accidents. It is absolutely possible for pedestrians to cause or contribute to accidents by crossing in unsafe areas, running out in front of vehicles in motion, or failing to pay adequate attention when crossing behind or in front of seemingly parked vehicles.

Determining liability can be complicated in these cases because, as evidenced by the different scenarios above, different accidents have different causes. Subsequently, it is important for pedestrians injured in parking lot accidents to gather ample evidence like witness statements, dashcam video, and CCTV footage to help clarify the cause or causes of an accident.

One thing that further complicates these cases is Georgia’s modified comparative negligence approach in assigning fault for personal injury cases. Under this framework, all parties involved in an accident will have their level of fault assessed, and any owed damages will be adjusted commensurately. This means that if a pedestrian is found to be 20% responsible for an accident that caused them harm, they will only be entitled to 80% of any assessed economic or non-economic damages.

Consider the following example:

Jane, a pedestrian, was walking between parked cars while texting on her phone. At the same time, Mark, a driver, was slowly backing out of a parking spot while adjusting the GPS on his phone. Jane didn’t look up or pay attention to her surroundings as she walked, and Mark didn’t check his rearview mirror properly before backing out. The combination of these actions resulted in Mark striking Jane with his car.

In this case, both parties could be found partially responsible for the accident. Both individuals failed to exercise requisite levels of care while navigating the parking lot and could be considered at fault for the ensuing collision. In this case, Jane’s final damages would be reduced proportionally to her level of assessed fault. Additionally, Georgia law stipulates that if both parties were found to be equally responsible for the accident, neither party would be entitled to seek compensation from the other and would instead be expected to bear the burden of their own accident-related costs.

Other liability considerations

Consider the case outlined above: How might liability change if, rather than adjusting his GPS, Mark had collided with Jane because the parking lot in question lacked adequate lighting? In this case, Jane may have legal recourse for seeking compensation both from Mark and from the business owner or management company tasked with properly maintaining the parking lot.

This shows how important it is to discuss your case with competent personal injury attorneys. The knowledgeable team at Harris Lowry Manton, LLP can help clients seek compensation for:

• Economic damages like medical expenses, lost wages, or reduced capacity to work.
• Non-economic damages, such as emotional distress, pain and suffering, and loss of enjoyment of life.
• Punitive damages, which are rare and only available in extreme cases involving malicious intent or willful disregard for the safety of others.

If you or a loved one has been injured as a pedestrian in a parking lot accident, the team at Harris Lowry Manton, LLP can help you secure the compensation you deserve. We can help investigate your accident, gather vital evidence, negotiate with insurance companies, and even represent you in court.

Reach out today to speak to a member of our team about your pedestrian accident case. We can help you arrive at the best possible outcome for you and your family. Fill out the online form or give us a call. We are standing by 24/7 to take your call.