Who Has the Right-of-Way in a Parking Lot?

Parking lots are some of the most deceptively dangerous places to drive. Between tight spaces, limited visibility, and distracted pedestrians, accidents happen more often than many realize. When two cars collide, or a pedestrian gets hit, the question becomes critical: who has the right-of-way in a parking lot?

The answer isn’t always straightforward. Parking lots may seem like private property, but California’s traffic laws still apply, and understanding right-of-way rules can make all the difference when determining who’s at fault. This guide from Deldar Legal breaks down the common right-of-way situations in parking lots, how California law interprets them, and what steps to take if you’re injured in a parking-lot crash.

Quick Facts – Who Has the Right-of-Way in a Parking Lot?

• The National Highway Traffic Safety Administration (NHTSA) reports 15% to 25% of all pedestrian accidents occur in parking lots or driveways.
• Drivers in main lanes have the right-of-way over vehicles backing out of spaces.
• Pedestrians in marked walkways or crosswalks almost always have the right-of-way.
• Backing vehicles are typically at fault if they collide with a moving car or pedestrian.
• Many parking lot crashes occur at low speeds but can still cause serious injuries.
• Deldar Legal offers free consultations for anyone injured in a parking lot crash in California.

Right-of-Way Rules in California Parking Lots

Most parking lots are privately owned, but drivers are still expected to follow the same principles of safety that apply on public roads. California Vehicle Code §21804 states that a driver entering a roadway must yield to vehicles already traveling on that road. In a parking lot, this means:

• Vehicles driving through the main lanes have priority.
• Drivers pulling out of spaces must yield to traffic already moving.
• Drivers entering or exiting the lot must watch for cross traffic and pedestrians.

Even when speed limits are not posted, drivers are required to move at a safe and cautious speed and remain alert for people walking nearby.

Who Usually Has the Right-of-Way in a Parking Lot?

Let’s break down some of the most common right-of-way situations:

1.) Vehicles Driving Through Main Lanes

Drivers traveling through main lanes that connect to entrances and exits generally have the right-of-way. These lanes act like smaller roadways, so if a parked vehicle reverses into a moving car, the backing driver is usually at fault.

2.) Drivers Backing Out of a Parking Space

Backing out is one of the most common causes of parking lot collisions. Drivers must ensure the lane is clear before reversing. Checking mirrors and cameras helps, but the ultimate responsibility still lies with the driver doing the backing.

3.) Pedestrians in the Crosswalk or Walkway

Pedestrians almost always have the right-of-way, especially in marked crosswalks or sidewalks. Still, pedestrians must stay alert for cars. If both parties are careless, California’s comparative negligence rule may divide fault between the driver and the pedestrian.

4.) Drivers Entering or Leaving the Lot

Drivers entering from a public street must yield to those already inside the parking area. Those exiting must look both ways for oncoming traffic and pedestrians before pulling out.

Common Situations Where Right-of-Way is Misunderstood

Parking lot crashes typically happen at low speeds, but the injuries can still be serious. Here are a few examples of where confusion leads to collisions:

• Two vehicles backing out at the same time share fault if they collide.
• Cutting diagonally across parking rows violates right-of-way rules.
• Pedestrians walking behind reversing vehicles must stay alert.
• Multiple stop signs in large lots can cause hesitation and mistakes.

Even small parking lot crashes can lead to significant damage or injury claims. Knowing these patterns helps drivers and pedestrians stay safer.

What to Do Immediately After a Parking Lot Accident

Even minor crashes can cause hidden injuries or long-term pain. Small bumps and fender bender accidents may still require medical treatment. Protect yourself and your rights by taking these steps right away:

1.) Check for Injuries – Make sure everyone is safe and call 911 if needed.

2.) Exchange Information – Collect the other driver’s name, license, insurance, and contact details.

3.) Take Pictures – Capture the scene, damage, and any visible hazards.

4.) Speak to Witnesses – Write down their names and phone numbers.

5.) Make a Report – Notify the store, property manager, or security office.

6.) Contact a Lawyer – Do this before giving any recorded statement to insurance adjusters.

How Right-of-Way Affects Fault & Liability After a Collision

In California, fault is determined by negligence, which means whoever failed to act reasonably under the circumstances is responsible for the damages. When it comes to who has the right-of-way in a parking lot, the analysis comes down to:

• If you fail to yield while backing up or turning into a lane, insurers will likely find you at fault.
• If another driver sped through the lot or ignored a stop sign, their negligence may reduce or eliminate your share of liability.
• When both drivers acted carelessly, comparative negligence allows for shared fault. Your settlement or compensation may be reduced by your percentage of responsibility.

Understanding who has the right-of-way in a parking lot is crucial when filing an insurance claim or personal injury lawsuit. It directly impacts how much compensation you can recover for property damage, medical bills, and pain and suffering.

Protecting Evidence After a Parking Lot Accident

Because parking lot crashes occur on private property, police reports are not always available. That makes collecting your own evidence even more important. Here is what can help your claim:

• Clear photos or videos of the scene and vehicle damage
• Security camera footage from nearby stores or buildings
• Witness statements from bystanders or employees
• Medical records and treatment notes for any injuries
• Written estimates for property repairs
• Copies of communication with insurers or parking management

FAQs – Who Has the Right-of-Way in a Parking Lot?

Call Deldar

At Deldar Legal, we’re more than just attorneys, we’re your partners in recovery. If you’ve suffered an injury due to someone else’s negligence, you deserve a top-rated car accident lawyer in California who will fight for your rights and help you rebuild your life. From the moment you contact us, we handle everything, from medical appointments and transportation to insurance negotiations and legal paperwork, so you can focus on healing.

Our experienced team represents clients across a wide range of personal injury cases, including:

• Car, truck, and motorcycle accidents
• Uber and Lyft rideshare accidents
• Pedestrian and bicycle accidents
• Slip-and-fall and premises liability claims
• Dog bites and animal attacks
• Traumatic brain injuries, spinal cord damage, and other catastrophic injuries
• Wrongful death of a loved one

Deldar Legal is here to help. We offer free consultations and work on a no win, no fee basis, so there’s no risk in reaching out.

Call us today at (844) 335-3271 or contact us to speak with an experienced California injury lawyer. Let Deldar Legal fight for the justice and compensation you deserve.