Private Parking Lots And Backing Motorists
If you have ever had the misfortune of being involved in a motor vehicle accident in a private parking lot chances are you were probably told that the police could not investigate because the accident occurred on private property. Many people mistakenly take that to mean that there is no law that applies. However, such is not the case. When a collision occurs in a private parking lot the general tort laws of Louisiana applies. In this regard, when travelling in a parking lot a motorist is required to exercise caution while traversing the parking lot or backing from a parking spot. Thus, in order to comply with this duty, a motorist must not travel at a fast pace when there are other cars present and vision is obscured by other vehicles or objects in the parking lot. Indeed, drivers moving through the parking lot have a paramount duty of attentiveness and maintaining a low speed because of the potential for other cars or pedestrians being present.
Likewise, a backing motorists must also exercise caution and be attentive. In this regard, a backing motorist is expected to proceed slowly into the travel portion of the parking lot, stopping occasionally, with the result being that the vehicle’s brake lights and reverse lights will serve as notice to the other vehicles travelling in the travel lanes. The key safety factors for both drivers is a greatly reduced travel speed, enabling the driver in the travel lane with limited vision either to stop, sound the horn or otherwise avoid a collision.
As with any vehicle collision, the motorist determined to be at fault, and the vehicle insurer, is responsible for any damages or injuries caused as a result of his/her negligence.
Nearly 75 years ago my father, J. Minos Simon, began the family tradition of providing exemplary legal services to the citizens throughout the local communities and the state of Louisiana. A tradition that I proudly embraced and have tried to fulfill for nearly 30 years. Simon Law Offices, Cajun Strong, and rebuilding lives throughout Louisiana one client at a time