Who Is Liable for Pedestrian Accidents in Parking Lots or Garages?

While most pedestrian accidents happen on city streets, some catastrophic accidents occur in parking lots and commercial garages. Parking areas are filled with moving vehicles driven by often distracted drivers. Combine this with tight corners, poor lighting, and limited visibility, and you have a place where accidents are inevitable. This is especially the case when drivers, property owners, or companies fail to maintain a safe environment.

If you or someone you love was hit by a car in a parking lot or parking garage, it’s important to understand who may be legally responsible and what your rights are under New York law.

The Dangers of Parking Lots and Garages

Parking lots might look harmless, but they’re actually one of the most common locations for pedestrian accidents. According to the National Safety Council, tens of thousands of parking lot crashes happen every year. Many of these incidents result in serious injuries or fatalities.

The most common causes include:

• Distracted driving (texting, looking for open spaces, or using a GPS).
• Speeding in areas where drivers should be moving slowly.
• Limited visibility due to parked cars, concrete pillars, or tight turns.
• Poor lighting or inadequate signage.
• Unsafe pedestrian walkways that force people to walk in traffic lanes.
• Reversing vehicles where drivers fail to check blind spots.

Who Can Be Held Liable for a Parking Lot or Garage Accident?

Determining liability for pedestrian accidents in parking lots can be complicated because multiple parties may share responsibility.

The Driver

Most pedestrian accidents in parking lots and garages are caused by driver negligence. Under New York Vehicle & Traffic Law §1146, drivers must “exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal.”

Common examples of negligent driving include:

• Failing to yield to pedestrians
• Speeding in posted low-speed zones
• Backing up without checking mirrors or cameras
• Using a phone or being otherwise distracted
• Driving under the influence of alcohol or drugs

If a driver’s careless behavior caused your injuries, they (and their insurance company) can be held responsible for your medical expenses, lost wages, and pain and suffering.

The Parking Lot or Garage Owner

Property owners have a legal duty to maintain safe premises for visitors. This duty extends to parking lots, garages, and other areas where vehicles and pedestrians share space.

Owners can be held liable for accidents if their negligence contributed to the crash, such as:

• Failing to post proper signage or directional arrows.
• Not maintaining adequate lighting.
• Allowing potholes, oil slicks, or debris to make walking unsafe.
• Designing layouts that make pedestrian walkways confusing or hazardous.
• Failing to install or maintain security cameras or speed bumps.

This responsibility applies to private businesses (like shopping centers, office complexes, or hospitals) and municipal entities (like city-owned parking facilities).

Employers or Companies Operating Commercial Vehicles

When a commercial vehicle (such as a delivery van, rideshare, or construction truck) hits a pedestrian, the driver’s employer or company may also be held liable.

Employers are responsible for the actions of their employees when those actions occur during the course of their job duties. For example:

• A delivery driver speeding through a garage to meet a deadline.
• A rideshare driver backing up carelessly to pick up a passenger.
• A maintenance truck operating recklessly inside a private facility.

In these cases, both the driver and the employer can be named in a lawsuit.

The City or Municipality

If your accident happened in a public parking lot or government-owned garage, a city or state agency could be responsible.

However, suing a government entity in New York involves special procedures. You must:

• File a Notice of Claim within 90 days of the accident.
• File the lawsuit within one year and 90 days from the date of injury.

These deadlines are strict, so contact a car accident lawyer immediately if you believe a public entity is at fault.

Other Third Parties

Other parties may share liability in certain cases, including:

• Property management companies responsible for maintenance.
• Security companies that failed to monitor the area properly.
• Contractors who created dangerous conditions during repairs or construction.

Common Injuries from Parking Lot Pedestrian Accidents

Even though parking lots and garages are low-speed environments, the injuries can be catastrophic. Pedestrians have no protection from the impact of a vehicle. Common injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries and paralysis
• Broken bones and fractures
• Internal organ damage
• Severe lacerations and crush injuries
• Permanent disability or death

For those who have lost a loved one in a fatal accident, New York’s wrongful death laws allow you to pursue compensation for funeral costs, lost financial support, and loss of companionship.

Comparative Negligence in New York

Even if you were partially at fault, you may still recover compensation. Under New York’s comparative negligence rule, your recovery is reduced only by your percentage of fault. For instance, if you are found 20% responsible and your total damages are $100,000, you could still receive $80,000.

Don’t let an insurance company convince you that you have no case just because you may have made a mistake. Liability in parking lot accidents is often shared, and an attorney can help ensure blame is properly assigned.

Why Legal Representation Matters

Parking lot accident claims can be complex, involving multiple insurance policies, property owners, and businesses. Without legal help, victims are often pressured into accepting low settlements that don’t cover long-term medical needs or lost income.

Our experienced legal team can help you:

• Investigate the scene and collect evidence.
• Identify all liable parties (from drivers to property owners)
• Handle communications with insurance companies.
• Work with experts in accident reconstruction, safety, and medicine.
• File all necessary paperwork and meet strict legal deadlines.

At Morelli Law Firm, we’ve recovered billions of dollars for injured clients, including those hurt in catastrophic pedestrian and construction accidents. We have decades of experience holding negligent drivers, property owners, and corporations accountable.

If you or a loved one were injured in a parking lot or garage pedestrian accident, don’t wait to get help. Contact us today for a free, confidential consultation.