The Unique Dangers of Black Friday Parking Lot Collisions 
Parking lot collisions may seem like minor fender-benders, but they can have serious financial and legal implications, especially on Black Friday. During this time of year, parking lots become crowded with shoppers, creating a perfect storm for accidents. Cleveland parking lots are often full of distracted drivers, rushing to grab the best parking spaces, or maneuvering through tight lanes with little room to spare. In these high-stress environments, accidents are more likely to happen. Drivers may fail to notice pedestrians or other vehicles, or they might take risks trying to get the best spot. With this heightened activity, it’s important to understand the factors that contribute to these accidents, as well as the process for determining fault. Who Is at Fault in a Parking Lot Collision?
Determining fault in parking lot accidents can be tricky, especially when multiple parties may be involved. In Cleveland, Ohio, the law follows a comparative fault rule. This means that if more than one party is found to be at fault in an accident, the responsibility for the damages will be divided based on the degree of fault each party holds. For example, if one driver was speeding while the other was distracted, both may be partially responsible, and the damages would be split accordingly.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Paralegal
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmThe Right of Way in Parking Lots
The right of way plays a major role in determining who is at fault in a parking lot accident. Drivers traveling down parking aisles typically have the right of way over vehicles backing out of spaces. If a car that is backing up collides with a vehicle that has the right of way, the driver of the vehicle backing up is generally considered at fault. However, there are exceptions. For instance, if a vehicle is backing out of a space but another driver enters the space inappropriately, the driver who entered the space may bear more responsibility. It’s crucial to be aware of these nuances, as they will influence how fault is assigned in the aftermath of an accident.Distracted Driving and Carelessness
Another common cause of parking lot collisions is distracted driving. On Black Friday, many shoppers are eager to get in and out of the store quickly, which can result in hasty and reckless driving. Drivers might speed, fail to yield to pedestrians, or be distracted by their phones, which increases the likelihood of a collision. If a driver’s recklessness leads to an accident, they may be held fully or partially liable for the damages. A distracted driver might cause an accident by failing to notice another car backing out of a parking space, or by cutting off a pedestrian who is legally crossing the aisle. In such cases, the distracted driver could be found liable for the damages caused by their negligence.Rear-End Collisions
Rear-end collisions are another common occurrence in parking lots, especially during busy times like Black Friday. These accidents happen when one vehicle is stopped in traffic and another vehicle fails to stop in time, crashing into the rear of the stationary vehicle. In parking lots, this can happen when a driver is distracted, or when they don’t leave enough space to safely stop. In general, the driver who rear-ends another vehicle is considered at fault, although there are exceptions. If the driver who was rear-ended suddenly reverses or stops abruptly for no reason, they may be partially at fault. However, in most cases, the driver who hits the other vehicle is responsible for the damages.How Insurance Claims Are Handled After a Parking Lot Collision
After determining fault, the next step is filing an insurance claim to cover the damages. Understanding how your insurance works during a parking lot collision can save you time, money, and stress.
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Collision Coverage
If you have collision coverage as part of your auto insurance policy, your insurer will generally pay for the damage to your vehicle regardless of who caused the accident. Collision coverage will typically cover the cost of repairs, minus your deductible. If you don’t have collision coverage, you will likely need to pay for repairs out of pocket, unless another party is found to be at fault and has liability insurance. For example, if you are rear-ended while parked and the other driver is at fault, their liability insurance should cover the repairs to your vehicle. However, if the other driver is uninsured or underinsured, your collision coverage can help cover the damages.Liability Insurance
If the other driver is at fault in the accident, their liability insurance will typically cover the damage to your vehicle. However, this can only happen if the at-fault driver has valid insurance coverage. If the other driver does not have insurance or doesn’t have enough coverage to pay for the damages, you might need to rely on your own insurance. In some cases, your uninsured/underinsured motorist coverage will kick in to cover the difference. This is particularly useful if you are in a collision with a driver who is either uninsured or whose insurance policy is not sufficient to cover the full cost of the damage.The Role of Deductibles
When filing an insurance claim, the amount of your deductible will affect how much you pay out of pocket. If you are using your own collision coverage, you will be required to pay your deductible before your insurance covers the rest of the cost. For example, if your deductible is $500 and the total damage to your vehicle is $2,000, your insurance will cover $1,500 after you pay the deductible.Settling Claims and Paying for Damage
Once you file a claim, the insurance company will typically assess the damage to your vehicle. This may involve sending an adjuster to inspect the vehicle or requiring you to get an estimate from a mechanic. The adjuster will determine the cost of the repairs and issue a payment to cover the damage, minus your deductible if applicable. If the other driver is at fault, their insurance company may pay directly for the repairs to your vehicle. However, if there is a dispute over fault or the cost of repairs, the claims process may take longer, and it may be necessary to seek legal help.What to Do After a Black Friday Parking Lot Accident
If you are involved in a parking lot accident during Black Friday, follow these essential steps:- Ensure Safety: First, make sure everyone is safe. If possible, move your vehicle to a safer location to avoid blocking traffic or causing additional accidents.
- Call the Police: Even if the damage seems minor, always contact the police. A police report can help clarify fault and provide valuable documentation for your insurance claim.
- Exchange Information: Be sure to exchange names, contact information, driver’s license numbers, license plate numbers, and insurance details with the other driver(s).
- Take Photos: Document the scene, including the location of the accident, the damage to vehicles, and any relevant traffic signs or signals. Photos can be essential in proving your case.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible, even if you believe the other driver is at fault. Provide all necessary information and cooperate with the investigation.