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Who has the right of way when a car pulls out of a parking space?

On Behalf of | Jan 24, 2025 | Motor Vehicle Accidents

Accidents in parking lots are common, and they often lead to disputes about who has the right of way. When determining liability, it is necessary to examine the right-of-way rules that apply to parking lots. 

A comprehensive look at the circumstances and applicable laws will help clarify who is responsible for an accident that happens when a car is pulling out of a parking space.

Who has to yield in a parking lot?

In general, vehicles traveling in a designated traffic lane within a parking lot have the right of way. Cars pulling out of parking spaces must yield to these vehicles. Drivers exiting parking spaces must ensure it is safe to enter the flow of traffic. This means checking for oncoming vehicles, bicyclists and pedestrians before proceeding. Failing to do so can lead to collisions, and the driver leaving the parking space may be liable for the accident.

Pedestrians in parking lots also have the right of way in most cases. All drivers, whether traveling in traffic lanes or exiting a parking space, must yield to pedestrians. In New Jersey, state law prioritizes pedestrian safety in crosswalks, but drivers must exercise caution even in areas without marked crosswalks.

What other factors contribute to liability?

Liability in parking lot accidents can also depend on other factors. For example, if a car traveling in a parking lane is speeding or fails to stop at a stop sign, this may shift some or all of the liability to that driver. Drivers must obey posted traffic signs and drive cautiously, as parking lots are high-risk areas with frequent blind spots and unexpected movements.

Drivers must also use turn signals when pulling out of parking spaces or turning within the parking lot. Signaling intentions can help prevent accidents by alerting other drivers and pedestrians. Failure to signal may contribute to liability in an accident.

Parking lot accidents are often preventable when drivers pay attention to their surroundings and adhere to traffic rules. In New Jersey, determining liability requires analyzing the actions of all parties involved.

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