Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Drivers and pedestrians use parking lots without thinking twice every day, yet these spaces see tens of thousands of accidents each year. While the speeds are lower than on public roads, parking lots are full of movement—cars pulling in and out, people walking between rows, and delivery trucks unloading. That’s a recipe for confusion and, sometimes, injury.
In Louisiana, understanding the laws and responsibilities that apply in a parking lot accident can make all the difference in knowing who’s responsible, what insurance applies, and how to get compensated for damages. Here’s everything you need to know.
Parking lots might seem low-risk, but the numbers tell a different story. Each year, roughly 50,000 crashes happen in parking lots, leading to more than 60,000 injuries and over 500 deaths. These accidents aren’t always minor fender benders—they can involve serious injuries to drivers, passengers, or pedestrians.
Roughly 50,000 crashes occur in parking lots and garages annually, resulting in more than 60,000 injuries.
One big reason for these accidents is distraction. Studies show many drivers let their guard down in parking lots. They check their phones, reply to messages, or look away, thinking slower speeds equal less danger. That assumption can be costly.
Drivers often assume lower speeds mean fewer risks, but dense environments like parking lots increase the likelihood of collisions, especially due to distractions like phone use.
Although most parking lots are on private property, many Louisiana traffic laws still apply. That means reckless driving, drunk driving, and failure to yield are treated the same as they would be on a public street. If a driver backs out without checking, speeds through a crosswalk, or ignores signs, they can still be held legally responsible.
Parking lot owners also have duties under premises liability law. They’re expected to keep the area reasonably safe for people who use it. That includes making sure the lighting works, the pavement is even, and the signage is visible.
The principle of premises liability: “Property owners in Louisiana must take reasonable precautions to preserve their property risk-free. That could harm lawful visitors.”
In short, both traffic law and premises liability rules apply in these spaces, making determining who’s at fault more complex.
Liability means legal responsibility for the accident. In Louisiana, liability is based on negligence—who failed to act with reasonable care.
Drivers might be negligent if they:
But it’s not just drivers who can be at fault. Property owners might also be liable if:
Louisiana follows a comparative fault system. That means more than one person can share responsibility. For example, if a driver was speeding but the parking lot had no stop signs or markings, both parties might share blame.
Louisiana Civil Code §2323: In any action for damages where the fault of more than one party is at issue, the degree or percentage of fault is assigned to each party found responsible.
So even if you’re partly at fault, you may still recover damages—reduced by your share of the blame.
Accidents in parking lots take many forms. Who is at fault depends on the type of crash and each person’s behavior.
|
Scenario |
Party Typically at Fault |
Legal Reasoning |
| Two vehicles backing out and collide | Both drivers (shared fault) | Failure to ensure a clear path before reversing |
| Moving car hits parked car | Moving car driver | Duty to maintain control and avoid hazards |
| Car backs out into moving vehicle | Backing car driver | Must yield to lane traffic |
| Pedestrian hit in crosswalk | Driver (in most cases) | Drivers must yield to pedestrians |
| Accident due to poor lighting or potholes | Property owner | Premises liability for unsafe conditions |
If you’re in a parking lot accident, the at-fault party’s auto insurance generally covers the damages. That includes medical expenses, vehicle repairs, and property damage. If the driver at fault doesn’t have insurance—or not enough of it—If you have coverage for uninsured or underinsured drivers, your policy might take over.
If the accident happened due to poor lot design or maintenance, the parking lot owner’s commercial liability insurance might apply.
Insurers conduct investigations that often include:
This process affects whether your claim is paid—and how much you’ll receive.
Most people start by filing a claim with the at-fault party’s insurance company after a parking lot accident. It’s essential to document the accident as thoroughly as possible. Take pictures of damage, get contact details from witnesses, and request a police report if one was filed.
The insurance company will look into the accident and decide on fault and payout.
Compensation may include:
If you believe the settlement offer is unfair or liability is being wrongly assigned, consider legal options.
No. Fault depends on who was careless. It’s not automatically shared. Evidence and Louisiana’s Comparative fault law determines how blame is divided.
The property owner may be liable under premises liability law if unsafe conditions contributed to the accident.
Yes. Louisiana’s comparative fault law allows partial recovery. Your share of the fault will reduce your compensation.
The at-fault driver’s liability insurance typically pays. If they’re uninsured, your policy may help. If poor lot conditions were involved, the property owner’s insurance might be responsible.
While not required, a police report strengthens your case by providing a neutral version of events.
Louisiana’s legal deadline is one year from the date of the accident.
Parking lot accidents can be more complicated than they appear. They often involve shared fault, multiple insurance companies, and unclear circumstances. Whether you were hit while walking, had your car backed into, or ran into problems due to poor lighting or pavement conditions, Louisiana law offers you the chance to seek compensation—even if you share some responsibility. A New Orleans car accident attorney can help you sort through these complexities and protect your claim.
Understanding how fault works, what insurance covers, and when to escalate a claim is key to protecting yourself if you’ve been in a parking lot accident and need help understanding your options.
Charbonnet Law Firm, LLC has deep experience with car and pedestrian accident cases in New Orleans and throughout Louisiana. We’re here to help you understand your rights and guide you through the process with care and experience.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
