Parking Lot Accidents: Who Is at Fault?

Generally speaking, fault in a parking lot accident is determined based on who had the right of way and who failed to act reasonably in that moment.

In most situations:

• Drivers backing out of spaces must yield
• Drivers already traveling through lanes typically have the right of way
• Both drivers can share fault if both were careless
• And pedestrians almost always have priority

Even in private parking lots, liability is based on negligence, meaning it rests on who failed to act with reasonable care under the circumstances (Cornell Law School – Negligence).

Gus Anastopoulo Law Firm has handled countless motor vehicle accident cases across South Carolina. Gus is an experienced trial attorney who prepares every case as if it’s going to court—not just settlement—and that matters in cases like these. Parking lot accidents are where insurance companies try to blur fault and reduce payouts. We counter that by breaking cases down early, securing evidence, and building a position that holds up under real scrutiny.

In this guide, we’ll walk through how fault is determined, the most common parking lot accident scenarios, and what you need to do to protect your claim.

South Carolina Right of Way Laws

According to South Carolina Code §56-5-2330:

• Drivers in the main lanes have priority over those entering from parking rows
• Drivers entering traffic (including backing out) must yield
• Drivers must maintain control and avoid collisions when hazards are visible

For example:

• Backing Out of a Parking Space: Drivers reversing have a duty to ensure it’s safe before moving. If a collision occurs, they are often found at fault for failing to yield.
• Two Drivers Backing Out at the Same Time: In these situations, both drivers may share fault. Each has a responsibility to check for approaching vehicles and proceed cautiously.
• Driving Through a Lane vs. Someone Pulling Out: The driver already traveling through the lane typically has the right of way. The driver entering must yield.
• Hitting a Parked Car: If a vehicle is legally parked and gets hit, the moving driver is generally responsible.
• Pedestrian Accidents: Drivers must exercise caution around pedestrians and yield where required. Failing to do so can result in liability.

How Comparative Fault Affects Your Case

South Carolina follows a modified comparative negligence rule. That means:

• Your compensation is reduced by your percentage of fault
• If you are more than 50% at fault, you cannot recover damages

This principle has been upheld in South Carolina courts, including Nelson v. Concrete Supply Co., which established the state’s comparative negligence framework (Justia – Nelson v. Concrete Supply Co.).

Essentially, if an insurance company can push even partial blame onto you, they reduce what they owe—or eliminate it entirely. That’s why the following evidence is essential to proving fault:

• Photos of vehicle damage and positioning
• Surveillance footage
• Witness statements
• Timing and movement patterns

In legal terms, proving fault requires showing:

• A duty of care
• A breach of that duty
• Causation
• Damages

What You Should Do After a Parking Lot Accident

If you’ve been involved in a parking lot crash:

• Take photos immediately
• Get witness information
• Report the incident
• Seek medical attention
• Avoid giving statements to insurance adjusters without guidance

Fault Isn’t Automatic. It’s Argued, Supported, And Proven.

Parking lot accidents are among the most contested claims because insurance companies know they can create confusion about fault and use it to limit what they pay. At Gus Anastopoulo Law Firm, we approach these cases with the same level of scrutiny as any serious motor vehicle accident. That means looking beyond surface damage and breaking down everything that actually determines liability—surveillance footage, vehicle positioning, pedestrian movement, lighting conditions, and the lot's design or maintenance.

We also know how quickly critical evidence disappears in these cases. That’s why we move early to preserve what matters and build a case that reflects the full impact of what you’ve been through, not just what the insurance company wants to acknowledge.

If you’ve been injured and there’s any question about who is at fault, call Gus Anastopoulo Law Firm today for a free case evaluation.