Parking lots are frequent areas of minor accidents, frequently resulting from misunderstandings of right-of-way principles. One of the most common situations is when a driver is reversing out of a parking space and another car is driving through the lane behind. It is necessary to determine who has the right of way in these cases to prevent accidents and liability arguments.
In the majority of situations, cars in the established traffic lanes are entitled to the right of way over those backing out of parking stalls. Specific conditions—driver alertness, speed, and visibility—may influence fault finding. It is possible to avoid accidents by learning parking lot right-of-way legislation and best practices for safe backing up.
General Right-of-Way Rules in Parking Lots
Parking lots are confusing areas with cars cutting in every which way and pedestrians crossing between them. Familiarity with universal right-of-way rules is imperative to safety and avoiding accidents. While public streets have well-delineated traffic signals and lanes, parking lots usually have unrestrained intersections and common areas and, therefore, it is essential that drivers familiarize themselves with who has right of way. In the majority of instances, through-traffic must be given way by vehicles backing out of a space, and pedestrians are always given priority. Being aware and adhering to these regulations may decrease the potential for collisions as well as disputes over liability.
1. Vehicles in Traffic Lanes Have the Right of Way
Drivers traveling in the main traffic lanes of a parking lot have priority over those reversing from a parking space. The law generally requires drivers who are backing up to yield to moving traffic and only proceed when it is safe to do so.
2. Pedestrians Always Have the Right of Way
Pedestrians walking in a parking lot have the highest priority. Even if you are already in motion while reversing, you must stop for pedestrians crossing behind your vehicle. Failing to yield to a pedestrian can result in serious injuries and potential legal consequences, including liability for damages.
3. Two Cars Backing Out at the Same Time
If two vehicles back out simultaneously and collide, both drivers may share responsibility. Parking lot accidents of this type are often ruled as “shared fault,” meaning both parties may have to cover their own damages or split liability.
4. Vehicles Entering the Parking Space vs. Vehicles Backing Out
If a driver is pulling into a parking space while another is backing out, the driver in the through lane (the one entering the spot) typically has the right of way. The reversing driver is responsible for checking their surroundings and ensuring the way is clear before backing up.
5. Cutting Through Parking Spaces
Some drivers take shortcuts by cutting through empty parking spaces instead of using designated traffic lanes. This is dangerous and often leads to collisions. If a driver cutting through spaces collides with a vehicle backing out, the driver who failed to follow the correct traffic flow is likely to be at fault.
Who Is Liable in a Parking Lot Backing Accident?
Determining fault in a backing-up accident depends on the circumstances. In most cases, the reversing driver is responsible, but there are exceptions:
- If a moving vehicle was speeding or distracted, the fault may be shared. A driver moving through the parking lot at an unsafe speed or while using a phone may be partially liable.
- If another driver cuts through parking spaces, they may be found at fault since they were not following proper traffic patterns.
- If both vehicles were backing up, liability may be split equally, unless one driver was clearly moving first and had the right of way.
How to Avoid Accidents When Backing Out of a Parking Space
While parking lot accidents are often minor, they can still result in costly repairs and insurance claims. Here are some best practices to follow when backing out:
- Check your surroundings before getting into your vehicle. Look for pedestrians, moving cars, or any potential obstacles.
- Use your mirrors and backup camera. While backup cameras provide extra visibility, always check blind spots by looking over your shoulder.
- Back out slowly. Move gradually so other drivers and pedestrians can see you and react accordingly.
- Honk if necessary. A short honk can alert others that you are reversing, especially if visibility is limited.
- Ask for assistance if visibility is poor. If your view is blocked by larger vehicles, having a passenger guide you out can help prevent an accident.
What to Do If You Are in a Parking Lot Accident
If you are involved in an accident while backing out of a parking space, take these steps:
- Check for injuries. If anyone is hurt, call 911 immediately for medical assistance.
- Exchange information with the other driver, including names, phone numbers, insurance details, and vehicle information.
- Take photos of the accident scene, vehicle positions, damage, and any relevant signage.
- Look for witnesses who can provide an account of what happened. Independent witnesses can help clarify who had the right of way.
- Contact your insurance company to report the accident and begin the claims process.
File a police report if necessary. While police may not always respond to minor parking lot accidents, having an official report can be useful if there is a dispute.
Legal Consequences of Failing to Yield While Backing Up
Failing to yield while backing out of a parking space can lead to several consequences, including:
- Traffic citations: Some jurisdictions issue fines for unsafe backing or failure to yield.
- Insurance claims: If found at fault, your insurance company may have to cover the other driver’s damages, potentially increasing your premiums.
- Personal injury lawsuits: If a pedestrian is injured, you may face legal action, especially if negligence played a role.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
