Florida traffic laws might not apply to parking lots. But according to Florida law, you must report any traffic accident where the resulting damages or medical costs surpass $500.
Quick Overview of Florida Parking Lot Laws
Under § 715.075, Fla. Stat. (2023), private parking lot owners can establish rules for motorists, including speed limits, directions of travel, stop signs or traffic lights, vehicle towing, and others. You should also be aware of the following laws:
No-fault State Laws in Florida
Florida’s no-fault insurance law, found at § 627.4707, Fla. Stat. (2023), requires all motorists to carry personal injury protection (PIP) and property damage liability PDL) coverage. Drivers file claims with their respective insurance companies instead of against the at-fault motorist. Someone with injuries so severe that PIP isn’t enough can file a claim with the at-fault driver’s insurer.
Florida’s PIP law is found at § 627.736, Fla. Stat. (2023) and requires drivers to carry a minimum of $10,000 in PIP coverage and $10,000 in PDL coverage.
What is a No-Fault Insurance System?
In a no-fault insurance system, the parties file claims with their respective insurance companies regardless of fault instead of the at-fault driver’s insurer.
Comparative Negligence in Florida
Florida’s modified comparative fault law, found at § 768.81, Fla. Stat. (2023), provides that a person more than 50% at fault can’t recover compensation. In parking lot accidents when both parties are at fault, a driver less than 50% at fault will have their damages reduced.
Need free legal help in Florida?
We specialize in personal injury claims.
How to Determine Fault in Parking Lot Accidents in Florida
Your attorney will investigate and consider the following factors:
Right of Way
Pedestrians or through-lane motorists generally have the right of way.
Backing Up
Drivers backing out of parking spots must yield to oncoming cars and pedestrians.
Signaling
A motorist failing to signal when turning into or out of a through lane might be at fault.
Distracted Driving
The National Safety Council found almost two-thirds of drivers talk on their phones while driving in parking lots, and a majority text or engage in other tasks.
Damage Location
The damage’s location on each vehicle can indicate fault.
Eyewitness Testimony
Eyewitnesses can provide objective information about what they saw. Following a crash, ask for their names and contact information.
Security Camera Footage
Security camera footage can help determine liability. Request it quickly because many stores erase footage after a short period.
Traffic Laws Applicable in Parking Lots
Negligent driving behavior like distracted driving, failing to yield the right of way, speeding, and impaired driving can all cause accidents and result in liability. Drivers who strike parked cars must also find the owners or leave their information in a note on the windshield to avoid potential criminal liability.
Parking Lot Liability for Property Owners
Store owners have a legal duty to reasonably maintain premises, including the entryway, parking lot, and sidewalks, to prevent foreseeable injuries. They can be liable when they fail to repair dangerous conditions that cause foreseeable accidents.
Some examples of parking lot hazards include:
- Unfilled potholes
- Broken pavement
- Poor lighting
- Inadequate security
- Broken sidewalk asphalt
Role of Insurance Companies in Determining Fault
Insurance companies investigate injury crashes to minimize their insured’s liability and reduce payouts. Personal injury attorneys investigate independently to gather evidence, determine fault, and protect their clients’ recovery rights.
Need free legal help in Florida?
We specialize in personal injury claims.
Different Types of Parking Lot Accidents
The following are common types of parking lot accidents in Florida:
Backing Accidents
Many accidents occur when drivers reverse from parking spots and fail to check for cars or pedestrians.
Pedal Mistakes
Some accidents occur because a driver accidentally presses the gas pedal instead of the brake.
Low-Speed Collisions
Most parking lot collisions happen at low speeds, but they can cause serious injuries when a pedestrian is involved.
Pedestrian Accidents
Many pedestrians walk through parking lots, leading to numerous accidents.
Door Dings
People parking too close can damage cars when they open their doors.
Shopping Cart Accidents
Unattended shopping carts can blow in the wind into vehicles.
Parking Lot Traffic Accidents
Accidents between vehicles in parking lots can occur between backing cars and those traveling in through lanes, motorists in the feeder and through lanes, or when a driver fails to stop for a traffic sign in a parking lot.
Distracted Driving Accidents
Driving distracted in parking lots is dangerous because of the many cars and pedestrians.
Common Causes of Parking Lot Accidents
The most common causes of Florida parking lot accidents include:
- Distracted Driving
- Backing up Improperly
- Speeding
- Failure to Yield Right-of-Way
- Poor Visibility
- Impaired Driving
- Disregarding Parking Lot Design
- Pedestrian Mistakes
Frequently Asked Questions
Are parking lot accidents no-fault in Florida?
While Florida is a no-fault state, liability will be important when a victim’s injuries are so severe that personal injury protection (PIP) coverage is insufficient.
What happens if you hit a car in a parking lot and leave Florida?
If you hit a car and flee the state, you could be charged with a hit-and-run accident under § 316.061(1), Fla. Stat. (2023) and face 60 days in jail, six months of probation, and a $500 fine.
Who has the right of way in a parking lot in Florida?
Pedestrians and through-lane drivers have the right-of-way over backing cars. Posted traffic signs take precedence over positioning.
Will my insurance go up if someone hits my parked car in Florida?
Your insurance shouldn’t go up when someone hits your parked car.
Can I sue someone for hitting my parked car in Florida?
You have a right to hold someone who hits your parked car accountable by filing a claim with their insurance.
Who pays for car damage in Florida no-fault?
You’ll file a property damage claim with your insurer. The minimum required $10,000 PDL coverage might not be enough. You might also have to pay a deductible.
What to do if you hit a parked car in Florida?
If you hit a parked car, try to locate the owner. If you can’t find them, leave your name, insurance information, and contact details in a note on the windshield. Call the police if the damage is more than $500.
What is the law for car accidents in Florida?
Since Florida is a no-fault insurance state, you’ll file a claim with your insurance company. You can file a claim against the other driver for severe injuries when PIP coverage isn’t enough.
What happens if you hit a parked car and can’t find the owner in Florida?
Leave a note on the car’s windshield with your name, contact details, and insurance information to avoid hit-and-run charges.
Is a parking lot private property in Florida?
Most parking lots are private property unless owned by a government agency.
Are parking lots public property in Florida?
Most Florida parking lots are private property unless owned by government agencies.
Does Florida law give anyone the right-of-way?
Motorists or pedestrians have the right-of-way in different locations and situations.
Do cars have the right-of-way in Florida?
Cars sometimes have the right-of-way based on their location. Pedestrians have the right-of-way in parking lots and crosswalks.
Who is at fault in a parking lot accident backing up?
People backing from parking spaces should yield to through-lane traffic and pedestrians.
What happens if you hit a car in a parking lot and leave?
You could face jail and fines if you hit a car and leave without providing your information.
Who has the right of way in parking lots?
Pedestrians have the right of way in parking lots. Through-lane motorists have the right of way vs. backing vehicles.
Need free legal help in Florida?
We specialize in personal injury claims.
