Who Is at Fault in a Parking Lot Accident in Denver, CO? 2024

While parking lots may seem much safer than highways, they aren’t completely accident-free. Parking lot crashes in Denver happen more often than many realize, ranging from minor collisions to pedestrian injuries. These seemingly small problems can quickly escalate, especially when determining who is at fault in a parking lot accident in Denver, CO.

Common Causes of Parking Lot Accidents

Parking lot crashes happen every year in cities all over the country, and Denver is no different. Many factors can contribute to these accidents, and more than one cause is often involved. These are some of the main reasons crashes happen in Denver parking lots:

• Distracted driving
• Speeding
• Blind spots/misjudging the speed, distance, or presence of another vehicle or person
• Dark parking lot or otherwise limited visibility
• Inadequate signage
• Pedestrians walking or running in front of or behind the car
• Inclement weather
• Poorly paved or maintained parking lots, such as lots filled with snow and/or ice due to lack of salting and shoveling

Although these accidents typically happen slowly, they can still cause harm. Parking lot accidents can cause a number of injuries, including:

• Neck pain
• Back pain
• Head injuries
• Internal injuries/bleeding
• Whiplash
• Broken bones

Parking Lot Accident Liability

Liability in a parking lot accident depends on factors such as the actions of drivers and pedestrians, the condition of the parking lot, and whether the proper traffic signs were followed. Here are some important elements that affect liability:

• Carelessness of the driver. People who drive carelessly or don’t pay attention can be held responsible for an accident. Careless driving can include driving too fast in the parking lot, failing to check blind spots, and failing to yield to pedestrians.
• Pedestrian actions. People on foot can sometimes cause crashes by walking in places where drivers may not see them or crossing between parked cars without paying attention. Pedestrians are just as responsible for exercising caution as drivers. Everyone should be aware of their surroundings.
• Owners or managers of parking lots. There are times when the owner of a parking lot may be held responsible for an accident. If the parking lot doesn’t have adequate lighting, clear traffic patterns, or regular upkeep, the property owner could be at fault. A Denver car accident lawyer can help you figure out if the condition of the parking lot contributed to the accident.
• Sharing liability. In some cases, both drivers can be at fault for an accident in a parking lot. For instance, if two cars hit each other while backing out of parking spots simultaneously, they may both be partially to blame. Colorado follows the “comparative negligence” rule, which assigns a certain amount of blame to all parties involved. If you are found to be partially at fault, your percentage of fault can be deducted from any compensation.

Determining Fault in a Colorado Parking Lot Accident

It can be hard to figure out who is at fault in a parking lot accident, especially if there are multiple cars involved or different stories being told. In these situations, fault can be determined by considering factors like:

• Security footage. A lot of parking places have security cameras that record video. This footage can be helpful in establishing what happened during an accident and whether there were witnesses present. It can provide clear evidence of how the accident occurred and who was at fault.
• Accounts from eyewitnesses. If there is no security video available, reports from people who were present at the time of the accident can help determine what happened. In cases where there’s a disagreement over fault, statements from other drivers or pedestrians who saw what happened could back up your version of the events.
• Reports from the police. While law enforcement is not required for all parking lot accidents, it can be beneficial to have an officer at the scene. Officers are trained to assess accident scenes and deduce who may be at fault. This can be very important when dealing with insurance claims or legal disputes.

FAQs

Who Is at Fault in a Parking Lot Accident in Colorado?

In Colorado, who is at fault in a parking lot accident may depend on a number of factors, such as who had the right of way, how the drivers behaved, and whether traffic signs were followed correctly. Common causes of parking lot accidents include distracted driving, speeding, and not yielding to pedestrians. There are times when both drivers may be responsible. Evidence like security footage or statements from witnesses is often essential in determining fault.

Is Colorado a No-Fault State for Parking Lot Accidents?

No, Colorado is not a no-fault state when it comes to parking lot accidents or any type of car accident. Instead, Colorado operates on a fault-based system, meaning the party responsible for causing the accident is liable for paying for the resulting losses. Victims can seek compensation from the insurance company of the at-fault party. In addition, Colorado follows the “comparative negligence” rule, which can reduce a victim’s payment based on their percentage of fault.

What Is the Liability for a Parking Lot Accident in Colorado?

In Colorado, liability for a parking lot accident is determined by who is at fault. The party responsible for causing the accident is financially liable for paying for the losses, including medical bills, property damage, and lost wages. Under the rule of modified comparative negligence, if a person is found to be partly at fault, their pay is reduced by the amount of fault.

Who Is at Fault in a Rear-End Collision in a Parking Lot in Colorado?

In Colorado, the driver who hits another car from behind is usually at fault because they are supposed to keep a safe following distance and be prepared to stop at any time. Exceptions to this could be if the driver in front suddenly reversed into the rear driver or if the front vehicle was parked in a way that obstructed traffic. Under Colorado’s comparative negligence rule, both drivers can be blamed if they were careless.

Contact Cheney Galluzzi & Howard

If you or a loved one you know were involved in an accident in a parking lot, you may be entitled to compensation. Contact Cheney Galluzzi & Howard today to get started.