Parking Lot 50/50 Myth: Who Is Actually At Fault?

Parking lots can be a dangerous place. With people coming and going, cars backing up, and pedestrians crossing, it’s no wonder that there are so many accidents in parking lots. Supermarkets and grocery stores are especially congested, with small areas for parking and shoppers coming in and out with their carts. In these situations, it’s important to be aware of the potential for accidents.

This article will suggest some facts to determine whos’ at fault in a parking lot car wreck so your injury lawyer can prove your innocence and exempt you from the 50/50 liability. 


What does the 50/50 rule say? 

The 50/50 liability rule, also known as contributory negligence, states that if two drivers are at fault for an accident, each driver is responsible for half of the damages. So if you’re in a parking lot accident, be prepared to split the cost with the other driver. But the question is, is it a fair deal? We think not. 

However, there are some things you can do to prove that it was mostly the other driver’s fault. 

Collect evidence at the scene. Take pictures of the cars involved, the license plates, and the damage done. If there are any eyewitnesses, take their contact information so they can be interviewed later. 

If you can move your car from the scene, try to safely without further damaging it. If there is significant damage, you may need to call a tow truck. It’s also important to get medical attention if you’re injured. Even if you don’t think you’re injured, it’s best to be checked out by a doctor. 

Comparative negligence

Comparative negligence is a legal doctrine that assigns proportionate blame to each party in an accident. This doctrine is used to determine liability in civil lawsuits. In comparative negligence cases, the jury will evaluate each party’s role in the accident and assign a percentage of the blame. The party found to be at fault will then be responsible for compensating the other party for their damages.

Comparative negligence is most commonly used in cases involving car accidents. For example, if two cars are involved in a collision and both drivers are found to be at fault, the jury will assign a percentage of blame to each driver. The driver who is found to be more at fault will then be responsible for compensating the other driver for their damages.

Comparative negligence can also be used in cases involving parking lot accidents.

Who is actually at fault?

Believe it or not, one driver is always more at fault than the other. If one driver is moving their car while the other driver is absent from the location, then the driver moving their car is at fault. They were not paying attention to their surroundings, which caused the collision. But the thing is, how can we prove the blame? 

Another scenario could be when a driver is trying to move their car back, checking the rearview mirror and doing it cautiously, yet an unnoticed moving car collides. Whom to blame? 

Contact a personal injury lawyer.

If a driver keeps making accidents, the insurance companies are unsure if they will compensate them for dents or scratches! Your driving record does play a major role in deciding whether you were at fault or if it’s been the other driver all along. Your injury lawyer can help you negotiate with the insurance company and get the compensation you deserve for your damaged vehicle.

Parking lot accidents can be difficult to prove your innocence in, and you may be disadvantaged without legal representation. A personal injury lawyer can help you gather evidence and build a case against the other driver. 

Why are these accidents so common? 

There are a few reasons. For one, drivers tend to be in a hurry when they’re in a parking lot, and they may not be paying as much attention to their surroundings as they should. Additionally, many parking lots are cluttered and crowded, making it difficult for drivers to see other cars and pedestrians. 

If you’re in a parking lot, it’s important to drive with caution and obey the road rules. Use turn signals when you change lanes, come to a complete stop at stop signs, and yield the right of way to other cars and pedestrians. 


When backing out of a parking spot, always being aware of your surroundings is important. This is especially true in busy areas like shopping malls or grocery stores, where people are constantly coming and going. Unfortunately, accidents can and do happen, even in seemingly safe places.