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Car A is being followed by Car B in a parking lot. Car A comes to a stop in the middle of the parking lot lane but doesn't do anything (yet).. no signals. Car B swerves to the right of Car A and continues going. Car A just starts to turn and hits Car B while trying to turn into the parking lot.
Car A is being followed by Car B in a parking lot. Car A comes to a stop in the middle of the parking lot lane but doesn't do anything (yet).. no signals. Car B swerves to the right of Car A and continues going. Car A just starts to turn and hits Car B while trying to turn into the parking lot.
Who would be at fault? Car A? Car B? Both?
Obviously Car A because 1. They didn't signal, 2. They weren't paying attention and didn't look before making the turn. Car B has a right to go around a stopped car in a parking lot.
I would say car A, except it sounds car B didn't even slow down to try to determine what car A wanted to do. Car B would not know if someone was crossing in front of car A. Car B might not have noticed car C backing out, which car A might have been waiting for. I can think of several reasons why car B might be at fault.
It's a parking lot (private property/no legal jurisdiction for cops), there is no "fault".
Besides the already noted insurance assignment of fault, this blanket statement of no legal jurisdiction for cops is not correct in many locations in the US.
In some states/jurisdictions, police are allowed to enforce road rules if the private property is open and commonly used by the public (such as a mall or shopping center) and/or with agreement with the property owner. In most places, police can enforce things like reckless driving/DUI -- so even though you may not be able to be given a ticket for failing to stop or use signal, in this case there was an accident, so reckless driving could be given out.
As your profile is in Georgia, the first instance applies to you. Specifically in Georgia
All traffic laws "shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as through streets or connector streets;"
Laws around your duty in an accident applies to the above, as well as 200 feet from the above,
Reckless driving applies EVERYWHERE in Georgia
The OP's profile shows Texas, which I believe has some varying private road laws depending upon the location and county, but in general in Texas, reckless driving can be enforced in the parking lot, bot not other offenses. With an accident, reckless is always a possibility.
Again, most of this is just additional information, as insurance will find fault regardless of if the police do or do not.
It's a parking lot (private property/no legal jurisdiction for cops), there is no "fault".
Not true. That's a common misconception. If it's a place where the public has free access (like a store parking lot), then the rules of "private property" don't apply. There will be fault assigned.
I would say car B is more at fault. The only reason people stop in the middle of a parking lane like that is if they are going to park (waiting for someone to back out, whatever). Why didn't car B just honk for car A to park or keep going?
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