Who Has the Right-of-Way When Backing Out of a Parking Space?

Drivers already moving in traffic generally have the right of way over those backing out of parking spaces. Pedestrians, who are more likely to suffer serious injuries in a collision, also have the right of way.

This rule is in place to prevent accidents and promote safe and efficient movement within the parking lot. Here are key facts to remember about right-of-way in parking lots:

Parking lot crashes are more common than many drivers realize. Narrow lanes, blind spots, distractions, and poor lighting make these areas high-risk, especially for pedestrians and drivers rushing to exit. By understanding how right-of-way works in parking lots, you can reduce the risk of an accident.

Failing to yield can lead to rear-end collisions, pedestrian injuries, and equally severe consequences. California courts and insurers typically find the reversing driver responsible. In California, though, comparative fault may apply if another party contributed to the accident and resulting injuries.

We handle a wide range of motor vehicle crashes, including those that occur in parking lots and other public areas. Our parking lot accident lawyers at AK Law Firm can review your case in a free initial consultation. Call (888) 488-1391 to set up a meeting.

Right-of-Way Guidelines In Parking Lots

Parking lots may seem safe, but dangers can lurk at every corner. Each year, hundreds of people die and thousands sustain injuries in parking lot accidents. The National Highway Traffic Safety Administration (NHTSA) noted that parking lot and driveway-related accidents account for 15% to 25% of pedestrian collisions.

This finding, consistent across studies from 1999 and 2014, highlights that even low-speed environments continue to be significant sources of pedestrian injuries, despite advances in vehicle safety technologies. This emphasizes the importance of drivers taking extra care in these areas to help protect pedestrians and other motorists inside the parking lot.

Knowing these risks, it is important to understand who has the right-of-way in these locations:

Vehicles On Main Lanes Or Roadways

California right-of-way laws typically apply in parking lots. Hence, drivers moving in the main flow of traffic usually have the right of way in a parking lot. This rule helps control traffic and prevent confusion. Here are some general guidelines:

• Drivers in the main traffic lanes, often referred to as roadway or thoroughfare lanes, have the right of way over those pulling out of parking spaces.
• Drivers leaving a parking space or feeder lane must yield to cars in the main lane. Feeder lanes are small lanes between parked cars. Roadway lanes are larger lanes that surround the parking lot and connect to other roads or streets.
• While passing parked cars, drivers in the feeder lanes generally have the right of way, unless traffic is already coming through the main roadway lane.
• If two cars arrive at an intersection in the parking lot simultaneously, the driver on the left is typically expected to yield to the driver on the right.
• Always follow arrows and signs, especially if the lane is one-way.

To provide a better context, here is one scenario:

• Driver 1 is reversing out of a parking spot in a busy lot.
• They are in a rush and don’t check their mirrors or look behind them.
• Meanwhile, Driver 2 is driving behind them in the lane.

Driver 1 suddenly reverses and collides with the side of Driver 2’s car. Driver 1 is mainly at fault because they didn’t ensure it was safe before reversing. Drivers should always check for traffic before backing out of a space. If Driver 2 had been driving safely and paying attention, they probably wouldn’t be held responsible.

Nevertheless, there are instances in which vehicles backing out have the right of way. For example, a car can cautiously move out if all approaching traffic has stopped at a stop sign or signal. Car accident lawyers can help individuals involved in these incidents determine who is liable for the accident.

Pedestrians

People constantly walk through the parking lots to get to their destination. Drivers should keep an eye out for pedestrians, especially when backing out of a spot. Cars should stop for pedestrians to avoid accidents, even if the pedestrian is not in a marked crosswalk.

Pedestrians also have the right of way on actual roads because they are more vulnerable and at a higher risk of severe injuries in collisions.

To better understand this, consider the following example scenario in which a driver can be held responsible:

• A pedestrian is walking through a marked crosswalk in the parking lot near a grocery store.
• A driver is turning into the lane and doesn’t slow down.
• The driver is looking for an open parking spot and didn’t see the pedestrian in time.
• The car hits the pedestrian, causing minor injuries.

If someone failed to yield the right-of-way and caused an accident, lawyers who work on parking lot accident cases can assess your claim and help you determine what your possible options are.

Why Parking Lot Accidents Occur

Parking lots have several risk factors. They are often crowded with both moving cars and pedestrians. Additionally, the narrow lanes and blind spots at turns can make it hard to see what’s ahead. These factors, along with possible negligence, can contribute to parking lot collisions. Here are some common causes:

• Reversing Without Caution — Backing out recklessly increases the risk of parking lot accidents. Drivers may not expect to encounter older kids on motorcycles, who might be riding through aisles or near vehicles.
• Ignoring Right-of-Way — In parking lots, drivers and cyclists must yield to pedestrians. Meanwhile, vehicles in the main lanes usually have the right of way over cars entering or exiting parking spaces. Some drivers fail to follow this rule, which can confuse others and lead to accidents.
• Distracted Driving — Distractions, such as texting or setting up the GPS, are a leading cause of parking lot accidents. A survey by the National Safety Council (NSC) found that 66% of drivers would answer their phones while driving in a parking lot. Even at slow speeds, distracted driving can be dangerous.
• Poor Visibility — It can be challenging to see clearly in parking lots, especially within enclosed spaces with limited sunlight or inadequate lighting. Parked cars and pillars in the parking lot can also obscure pedestrians and moving vehicles.
• Not Using Signals — Some drivers may forget to use their signals when backing out of a parking spot. This makes it harder for others to know what they’re doing and can lead to crashes.
• Rushing or Speeding — Many parking lots observe a speed limit of around 15 mph to provide vehicles with sufficient space to maneuver and avoid collisions. Some drivers go too fast or try to rush through the parking lot. They might turn quickly or drive the wrong way. Even with speed bumps, speeding remains a significant contributor to accidents. It can also cause rear-end crashes when one car stops suddenly and the vehicle behind doesn’t have time to stop.

If drivers fail to exercise caution and cause a collision, they must stop, exchange information with the other party involved, and provide assistance if necessary. Failing to do so may result in a hit-and-run.

One tragic example of this accident occurred on June 18, 2025, when a car hit and killed a man and his dog in a parking lot in Sacramento County, California. Witnesses reported that the driver fled the scene on foot.

If you were a victim of such an incident, our hit-and-run accident attorneys can review your case and guide you on your next steps.

Safety Measures To Prevent A Parking Lot Accident When Backing Up

Parking may seem simple, but following certain rules is essential to ensure safety and order. Here are some safety reminders you may follow:

• Keep an Eye Out — Always watch for traffic, pedestrians, and potential hazards. Keep your hands on the wheel and avoid using your phone while driving through the parking lot.
• Back up Slowly — Reverse with caution and be wary of your surroundings. This way, you can react to unexpected obstacles. Be prepared to stop suddenly if needed.
• Check for Blind Spots — Before changing lanes or backing out of a space, check your blind spots. Rearview cameras are helpful, but you still need to check your mirrors and look out the window to ensure your safety. Some cars are equipped with systems that make parking and backing out safer. If you have them, use them.
• Park in Well-Lit Areas — Try to park near a light source, especially if you’re returning after dark. Good lighting makes it easier to see other cars and pedestrians when backing out of a space.

Drivers who are backing up should always yield. Nevertheless, other drivers and pedestrians must also stay alert and act responsibly. All road users have a duty to be careful and help prevent accidents.

Determining who is at fault can be challenging in many situations. The person responsible may change depending on the details of the accident, even if someone had the right of way. A personal injury attorney can review the evidence or collaborate with experts to determine who should be held liable.

Parking Space Safety For Those Who Have The Right-of-Way

Even if pedestrians and vehicles on main lanes have the right of way, they still need to exercise caution to prevent accidents. You can read more about it by reading this parking lot safety guide for drivers and pedestrians. Here are some things you should know:

For Pedestrians

Parking lots often have a high volume of people walking around. Drivers aren’t always in their cars, as they may be walking to or from their vehicles. Whether someone is heading to a store or returning to their car, they need to remain vigilant. Here are some safety tips for pedestrians in parking lots:

• Use Crosswalks — Always use marked crosswalks when available. Avoid walking in the middle of the road or through empty parking spaces for your safety.
• Stay Alert — Avoid distractions like using your phone or wearing headphones while walking in a parking lot. Stay aware of your surroundings to react quickly to potential hazards.
• Make Yourself Visible — Opt to walk in well-lit areas. Wearing bright or reflective clothing can also help.
• Look Both Ways Before Crossing — Even if you have the right of way, always check both directions before stepping into the path of vehicles. Drivers may not always see you, so stay cautious.

For Drivers In The Main Lanes

Vehicles in the main lanes or roadway also have the responsibility to be careful. Here are some recommendations for drivers to maintain safety:

• Control Your Speed — Most parking lots have speed limits ranging from 5 to 15 mph. Stick to these limits and reduce your speed near crosswalks or areas with crosswalks or pedestrians.
• Use Your Turn Signals — Always use your turn signal when entering or exiting a parking space. This lets other drivers know what you’re planning to do and helps prevent accidents.
• Watch for Pedestrians — Parking lots often have many distracted pedestrians. People might be on their phones, wearing earbuds, or managing children. Drive defensively and stay alert to prevent accidents.
• Avoid Distractions — Put away your phone, GPS device, and other electronic devices while driving in parking lots. Focus on your surroundings to minimize risks.
• Follow Traffic Signs — Observe stop signs, yield signs, and directional arrows to maintain a smooth flow of traffic.
• Look Both Ways at Intersections — Many parking lots lack crosswalks or stop signs. Always scan carefully before proceeding through intersections.
• Stay in Designated Lanes — Use the marked lanes to navigate the parking lot safely. Avoid cutting across spaces, as this can confuse others and increase the risk of collisions.

What To Do After A Parking Lot Crash

Taking the necessary precautions to protect yourself after a parking lot accident can be beneficial if you want to file a claim later on. Here are some steps to consider:

1. Ensure Everyone’s Safety — Verify that all individuals involved in the accident are safe and accounted for. You may have to call 911 for emergency assistance if the incident or the injuries are serious. Cooperate with the authorities if they arrive at the scene.
2. Get Medical Attention — If an ambulance arrives, let the medical team assess you, even if you think you’re fine. Some injuries, like whiplash or traumatic brain injuries, might not show up right away.
3. Take Photos of the Scene — Before moving the vehicles, use your phone to take clear pictures and videos of the entire scene. Show any injuries, damage to the car, where the cars were, and anything that may have caused the crash (like ice or poor lighting).
4. Notify the Property Owner — This report can establish that the incident happened on the said property. It can also be useful in cases where the other party flees the scene. This way, the property owner can also conduct their own investigation.
5. Exchange Information — Get the name, phone number, driver’s license, and insurance information from the other party. This process also applies to pedestrians. If there are witnesses, also request their names and contact information. They can help explain what happened.
6. Tell Your Insurance Company — Report the accident to your insurance company. Notifying your insurer is important, even if the at-fault party is responsible for the damages.
7. Talk to a Personal Injury Lawyer — If you or a loved one gets hurt in a parking lot accident, talk to an injury attorney in California. They can help you understand your rights and determine what options you can take, depending on the details of your case.

What Happens After A Parking Lot Accident

Different things may happen after a parking lot accident. Here are some of them:

There Could Be Property Damage

A crash in a parking lot can damage one or both cars. Sometimes, other objects, such as fences, poles, or shopping carts, can also be hit. In California, if a driver damages someone else’s car or property, even if it is parked, they must do the following as specified under the law:

• Try to find the owner and give their name and contact information.
• If they cannot find the owner, they must leave a note with their name, address, and a short explanation of what happened.

People May Get Injured

Drivers, passengers, or even pedestrians may get hurt. Injuries can range from minor to catastrophic, depending on the circumstances. Some incidents may result in:

• Traumatic brain injuries
• Spinal cord injuries
• Bone fractures
• Soft tissue injuries

In such cases, victims may file a personal injury claim against the at-fault party.

There May Be Legal Or Financial Consequences

One or more drivers might be responsible for the accident. This can lead to police reports, fines, higher insurance costs, or even lawsuits. That is because the person who was hurt or affected may need help paying for certain damages. These can include:

• Medical Costs — If someone is injured, they may need to cover expenses such as hospital visits, medication, or treatment. In some cases, they may also require physical therapy, chiropractic care, or counseling to facilitate their recovery.
• Lost Income — Some injuries can make it hard or impossible to work for a while. If that happens, the injured person may be able to get money for the time they missed from work. If the injury is very serious and causes long-term problems, they may also receive compensation for lost future earnings.
• Property Damage — This includes the cost to repair or replace a damaged vehicle or other items affected by the crash.

You may be able to pursue these damages if there is evidence of the other party’s negligence. An example is when the at-fault driver was distracted or speeding. If you’re looking for free accident lawyer advice, find a qualified lawyer to answer your concerns. Accident lawyers often handle cases like this, especially when disputes arise regarding liability.

Frequently Asked Questions (FAQs)

Who Has The Right-of-Way When Backing Out Of A Parking Space?

Pedestrians and vehicles in the main lanes of parking lots have the right-of-way over drivers reversing out of parking spaces. A driver who does not yield and causes a collision with another vehicle or pedestrian can be held responsible for the accident.

Who Is Often At Fault In A Backing Accident In A Parking Lot?

People often assume that reversing drivers are usually at fault for backing accidents in the parking lot. Sometimes, more than one person is responsible for the accident. In California, the law allows multiple parties involved to share the blame. This is referred to as “pure comparative negligence.” For example:

• If a parking lot has poor lighting, and a distracted driver causes an accident, both the property owner and the driver could be partly responsible.
• If both drivers were looking at their phones, each one could have their claims reduced based on how much they contributed to the crash.

In complex parking lot incident cases, car accident lawyers tailor their strategies to the specific facts of the case.

What Type Of Crashes Happen Most Often In Parking Lots?

The most common crash is a backing-up collision, often when two drivers reverse at the same time. Parking lots are tight and busy. Cars and people move in multiple directions simultaneously.

Even with side and rearview mirrors and backup cameras, blind spots remain. If a driver relies only on the camera and doesn’t check mirrors or look over their shoulder, a backup crash can happen.

Can You Sue Someone For Hitting Your Parked Car In California?

If your car was legally parked and someone hit it, you may be able to file a claim or lawsuit against the driver for the damage. People often consider this if their insurance doesn’t cover the loss. Hit-and-run cases are more challenging because the driver’s identity may be unknown. Evidence such as surveillance footage and a police report can make a difference.

How Much Does Your Insurance Go Up After An Accident In California?

According to the California Code, your insurer is not supposed to surcharge you for a crash unless you were “principally at fault” (about 51% or more) and certain loss thresholds are met. If you were not mostly at fault, that accident generally should not raise your rate.

How Long Does An Accident Stay On Your Insurance?

In most cases, a crash stays on your California driving record for about three years from the date it happened. During that time, insurers, law enforcement, and some employers who run motor-vehicle checks can see it. California rules also limit how insurers use older events: they generally may not raise your premium for an accident that is more than three years old. Note that serious offenses (like DUIs) can remain on your record longer and follow different rules.

Who Can Be At Fault For A Parking Lot Accident?

When a parking lot accident happens, the main focus is usually on the drivers involved. However, other parties may be responsible depending on the situation. Here are some of the people or organizations that can be liable:

• Drivers — Drivers are often at fault if they are careless or not paying attention. Accidents can happen if a driver doesn’t yield, misuses their mirrors or backup camera, or drives recklessly. If a driver’s actions cause injury or property damage, they could be held liable.
• Pedestrians — If a pedestrian walks through a parking lot without looking for cars backing up, they could cause an accident. Sometimes, pedestrians are under the influence of alcohol, which makes things even more dangerous. If a pedestrian’s actions contributed to the accident, it is possible to hold them responsible for their actions.
• Property Owners — The owner of the parking lot is responsible for maintaining a safe area. If an accident occurs due to poor lighting, potholes, or poorly marked parking spots, the property owner may be held liable. In such cases, premises liability attorneys can help by gathering clear evidence of the unsafe conditions that led to the accident.
• Employers — If an employee crashes into another car in a parking lot while doing a work task, like running an errand or returning from a job, their employer might be responsible. This is because the employee was working at the time of the accident.
• Vehicle Manufacturer — Sometimes, an accident occurs because the car has a mechanical issue. For example, if a driver attempts to stop while backing out but the brakes fail to function, the car manufacturer may be held liable under product liability. This usually applies when the car is still fairly new and the problem isn’t caused by normal wear and tear.

What Can A Parking Lot Accident Lawyer Do For You?

When you’re involved in a parking lot accident, the next steps can seem unclear. A lawyer can guide you through the legal process. They can handle the legal aspects while you focus on recovery from any injuries.

What an attorney can do for you:

• Case Interview — Talk with you to understand how the parking lot crash occurred.
• Needs Assessment — Review the injuries you suffered and any related losses.
• Legal Options & Deadlines — Explain your rights, assess possible claims, and discuss time limits so you can make informed decisions.
• Evidence Preservation — Secure photos or video, request reports, and collect witness information to document what occurred.
• Medical & Wage Records — Organize medical records and bills, and gather proof of lost income to document losses.
• Insurance Communications — Handle calls and letters with insurers and other parties, helping you avoid statements that could affect your claim.
• Expert Consultation — Work with accident reconstruction, medical, or other experts when necessary to clarify fault and explain complex evidence.
• Settlement Preparation & Negotiation — Prepare a demand package, present supporting documentation, and negotiate for a just resolution.
• Litigation & Court Representation — If appropriate, file a lawsuit, handle discovery and motions, and represent you at hearings and trials.

Injured In A Parking Lot? Contact Our Parking Lot Accident Attorneys In California

If a careless driver backing out from a parking space injured you, legal assistance is available. Property hazards can also play a role. If the owner knew or should have known about a danger and failed to fix it or warn guests, they may be liable for any resulting injuries.

You may be wondering, “What should I do next?” A lot of things may come to mind, including the fact that there’s a time limit to filing a claim. California law, for example, gives injured victims two years from the date of the accident to file a case. While you’re focused on healing from your injuries, gathering evidence and building your case can feel overwhelming.

However, you don’t need to face the legal process alone. Call (888) 488-1391 or complete our online form to schedule a free initial consultation with Arash Law. We can evaluate your situation to see if your claim is valid. If so, we can also explain any potential legal options available to you.