Who Is at Fault for a Parking Lot Accident in Virginia?

 Posted on July 11, 2025 in Car & Truck Accidents

Because parking lots are low-speed zones, people often assume nothing serious can happen. However, car accidents occur in them every day. Drivers often hurry to find spots, fail to see pedestrians, or back out without checking properly that there is nothing behind them. Whoever fails to follow parking lot traffic rules would be at fault and responsible for damages. If you are dealing with a parking lot crash, a Fairfax, VA car accident attorney can help you determine who is at fault and liable for your losses.

Parking Lot Traffic Rules in Virginia

Even though parking lots are private property, Virginia’s traffic laws still apply. Drivers must follow posted signs, painted arrows, speed limits, and general right-of-way rules. Examples of laws that apply to parking lot traffic include:

• Virginia Code § 46.2-924 governs yielding to pedestrians in crosswalks, applicable in parking lots that are open to the public. 

• Virginia Code § 46.2‑848 requires that any driver intending to back up must ensure that can be done safely.

• Virginia Code § 46.2-852 requires drivers to operate vehicles in a manner that does not endanger anyone else on or near the road.

• Article 2 of the Virginia Code outlines the rules for right-of-way in various situations.

How these laws apply and who is at fault will depend on the specific type of accident. Among the most common types are crashes that occur when someone is backing up and when two cars collide in an aisle.

Determining Fault for a Crash When Backing Out of a Parking Spot

One of the most common parking lot accidents happens when someone backs out of a space. The driver backing up usually has a higher duty to make sure the way is clear before moving. If a driver backs into a car driving through the aisle, the backing driver is often at fault. However, if the other driver was speeding, distracted, or going the wrong way, they could be liable as well.

Under circumstances where both parties share fault, Virginia’s contributory negligence statute would apply. This is important to know because Virginia is one of only a few states that use contributory negligence. Under this rule, if you are even one percent responsible for the accident, you cannot receive compensation for your losses.

Determining Fault When Two Cars Collide in a Parking Lot Aisle

To determine fault when two vehicles collide while driving through a parking lot aisle, you must first consider which driver had the right-of-way. Was either driver speeding or driving aggressively? Did one driver enter the aisle from a parking space without yielding? Was either driver distracted when the crash occurred? Several factors come into play when determining liability for these accidents. Sometimes the answer is clear, and other times, a thorough investigation is necessary.

Fault for Pedestrian Accidents in Parking Lots

Parking lots are busy with pedestrians walking between vehicles and store entrances. Drivers have a responsibility to look out for them. If a driver hits a pedestrian, they are often presumed at fault. However, if the driver can show that the pedestrian acted unsafely, they may be able to prove shared fault. For example, suddenly stepping out between parked cars or crossing in an unsafe area would shift fault to the pedestrian.

Schedule a Free Consultation With a Winchester, VA Car Accident Attorney Today

If you have been in a parking lot accident, the Strasburg, VA car accident lawyers at Parthemos, Curran, Buelow and Polizzi, PLLC can help you figure out who is liable for your damages. We offer aggressive, personal representation and have more than 120 years of combined experience helping clients recover compensation for personal injuries. Call 540-662-4222 today to discuss your case.