Parking lot crashes seem minor until they're not. Low speeds don't prevent serious injuries — a pedestrian struck by a reversing vehicle, a side-impact at a lot entrance, or a crash involving a cyclist can all produce real harm. And determining fault in a lot isn't as simple as people assume.
Arizona traffic law applies in parking lots
Even though parking lots are private property, Arizona's traffic laws govern driver conduct in them. Courts have consistently held that negligence principles — the duty to drive with reasonable care, to obey stop signs, to yield to pedestrians — extend to private parking areas. Running a stop sign in a lot, backing out without yielding, or cutting through empty spaces and causing a collision are all actionable under standard negligence theory.
How fault is typically determined
The driver reversing out of a space generally has a duty to yield to traffic in the travel lane. If you were struck by a backing vehicle while driving through a lane, the reversing driver is typically at fault. When both drivers reverse into each other simultaneously, fault is usually shared. Drivers cutting through empty spaces rather than using designated lanes bear the greater share of fault when that shortcut causes a crash. At lot entrances, the driver entering from a public road typically must yield to traffic already in the lot.
Arizona's pure comparative fault rule (A.R.S. § 12-2505) applies here just as it does on public roads — fault can be split between parties, and your recovery is reduced by your percentage. See our post on Arizona comparative negligence law.
Can the property owner be liable?
Yes, in some cases. If poor lot design — inadequate sight lines, missing stop signs, confusing traffic flow markings, poor lighting — contributed to the crash, the property owner may share liability under premises liability principles. This is most relevant in accidents involving pedestrians, where property owners have a heightened duty to maintain safe conditions for people walking through the lot.
After a parking lot accident
Call 911 if anyone is injured — a police report creates an official record even in a private lot. Photograph all vehicles, their positions relative to lanes and spaces, lot markings, and signage. Get witness contact information before people leave. Exchange insurance and contact details with the other driver. Get medical attention even if you feel okay — soft-tissue injuries often don't show symptoms for 24 to 48 hours.
The filing deadline
Arizona gives most personal injury victims two years to file from the accident date (A.R.S. § 12-542). See our post on the Arizona personal injury statute of limitations for exceptions.
Our car accident attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.