Who is Liable for a Motorcycle Accident in a Parking Lot?

Image of a motorcycle parked in a parking space

Although parking lots are typically viewed as areas with a lower risk of accidents, for motorcycle riders who lack the protection afforded to drivers in enclosed vehicles, the impact of a collision can still be catastrophic.

If you suffer physical harm or property damage in a parking lot due to another driver’s negligent behavior, you can file a claim against their liability insurance in South Carolina. To win your case, you have to show that their actions caused the crash.

To prove liability in a motorcycle parking lot accident, get the help of a South Carolina motorcycle accident injury lawyer.

Are Parking Lot Accidents Serious for Motorcycle Riders?

In a parking lot collision, even at low speeds, a motorcycle rider can be thrown off their bike, leading to injuries such as broken bones, head trauma, and road rash. They can also experience crush injuries if the impact leaves them pinned under their bike or against another vehicle.

Motorists often multitask while navigating these areas, using smartphones, adjusting their radios, or chatting with passengers. A poll by the National Safety Council found that 66% of drivers admit to making a phone call in a parking lot, 63% program their GPS, 56% text, and another 52% use social media.

The combination of distractions and the vulnerability of motorcyclists increases the risk of serious injuries in parking lot accidents. Motorcycle riders must be extra alert of their surroundings, but even the most cautious riders can fall victim to the negligence of others.

Parking Lot Collision Scenarios

While entering or exiting a parking lot or while searching for a spot to park your motorcycle, various accident scenarios may occur, such as:

Rear-End Collisions: In parking lots, rear-end collisions are common. A motorcycle stopped at a crosswalk or waiting to park can be hit from behind by a distracted or careless driver. Liability typically falls on the driver who rear-ended the motorcycle, as they are responsible for maintaining a safe following distance.
Left Turn Accidents: A collision can occur when a motorcycle is turning and a car from the opposite direction fails to yield the right of way. Liability may rest with the car driver for failing to yield or properly judge the motorcycle’s speed.
Dooring Accidents: In busy parking lots, a parked car’s occupant may suddenly open their door without checking for approaching motorcycles. If a motorcycle collides with the open door, the driver or occupant of the parked car is usually at fault for failing to exercise caution.
In Parking Spaces: When drivers pull into or back out of parking spaces, they may fail to spot motorcycles due to their smaller size, leading to collisions. This often places the blame on the car’s driver, especially when they do not check their surroundings before entering or reversing out of a parking spot.
Failure to Stop at Stop Signs: Parking lots often have stop signs at intersections. If a car fails to obey a stop sign and collides with a motorcycle with the right of way, the car driver may be liable for the accident.

How to Prove the Other Driver Is at Fault

Proving liability in a parking lot motorcycle accident can be challenging, but it’s essential for seeking compensation for injuries and damages. Here’s how you can show that the other driver was at fault:

Gather Evidence: Collect as much evidence as possible at the accident scene. This may include taking photos of the damage, skid marks, and vehicle positions.
Document Injuries: Seek immediate medical attention and document your injuries, treatments, and medical bills. This establishes a link between the accident and your injuries.
Notify Authorities: Report the accident to the local police or law enforcement agency. The collision report will contain factual information that can help your case, like the date, time, environmental factors, and officer’s assessment.
Obtain Security Footage: If the parking lot has security cameras, request access to the footage to provide a clear picture of the accident.
Consult Witnesses: Talk to witnesses at the scene. Ask for their contact information and, if possible, record their statements about what they observed. Their testimonies can corroborate your version of events.
Maintain Records: Keep detailed records of all communications, including conversations with insurance companies, medical professionals, and legal representatives.
Seek Legal Assistance: Consult with an experienced personal injury attorney with experience handling motorcycle accidents. Our legal team at Joye Law Firm can help you through the process, negotiate with insurance companies, and build a strong case to establish liability.

Get a Fair Settlement for Your Parking Lot Accident

At the Joye Law Firm, we understand the heightened risk and vulnerability motorcyclists face in parking lot accidents. With more than 300 years of collective legal experience dedicated to assisting injured motorcycle riders across South Carolina, we are firmly committed to ensuring your rights are protected and that you receive the compensation you deserve.