Car parks are busy environments which present multiple hazards to both drivers and pedestrians due to the mix of vehicles and pedestrian traffic in often confined spaces. Drivers may become distracted while looking for parking spots, pedestrians often cross traffic unexpectedly, and visibility is frequently obstructed by other vehicles or car park structures. The design of car parks can also make it difficult to determine who has right of way, or who is at fault in the event of an accident.
Given the frequency of car park accidents, it is essential for both drivers and pedestrians understand their rights and responsibilities if an accident occurs.
Pedestrians
Due to the high volume of pedestrian traffic in car parks, drivers are expected to exercise extreme caution when in this environment. When considering whether a driver was negligent in an accident involving a pedestrian, courts take into account the potential for significant harm to pedestrians, and whether the particular environment placed an additional duty on drivers to be aware of pedestrians. For example, whether the area was surrounded by busy shops and restaurants, where pedestrians were likely to be crossing.
Although drivers are often found at least partially liable for injuries to pedestrians, there are circumstances where pedestrians are deemed primarily responsible for causing an accident. Examples include be crossing traffic lanes without checking for vehicles, suddenly darting or running into a vehicle’s path, stepping out from behind an obstruction, or walking through traffic while distracted by a mobile phone or wearing headphones.
Pedestrians should exercise caution when walking through car parks by staying alert and using designated crossings and walkways. However, if you are injured as a pedestrian, you may still be eligible to claim compensation, even if you were not using a designated crossing at the time of the accident.
Drivers
Car park accidents frequently occur when two vehicles are reversing simultaneously, or when a driver fails to give way in circumstances where the obligation to do so is unclear. The absence of give way lines or other road markings, and the often confusing traffic flow toward exits can make it difficult for drivers to determine who is required to give way.
In these circumstances, it is possible that both parties bear some of the responsibility for the accident. However, drivers are generally expected to follow the same rules that apply if driving on an unmarked road. For example, this includes giving way at a T-junction, or giving way to the right at four way intersections.
When multiple vehicles are reversing, disputes often arise over which driver started reversing first, or which vehicle had moved further out of a parking space when the accident occurred. Similarly, if a reversing vehicle collides with a vehicle travelling forwards along the roadway, the reversing vehicle is typically deemed to be at fault. However, the vehicle travelling forwards may have contributed to the accident if it was speeding at the time.
Contributory Negligence
In some cases, both parties may share responsibility for an accident. This is referred to as contributory negligence. Fault is apportioned between the involved parties. For example, a driver may have been speeding while a pedestrian crossed without properly checking for traffic. In these circumstances, any damages awarded to the injured party would be reduced proportionally to the extent they caused or contributed to the accident.
The Importance of Legal Advice
Car park accidents can be complex when determining liability. If you are injured in a car park accident, seeking legal advice is important so that you can understand your rights. For an obligation free consultation to determine if you are eligible for compensation, contact Gail Blaber on 3225 0744.
