Parking Lot Accidents in Pennsylvania: Private Property, Same Claim

What changes on private property

The claim itself does not change: somebody owed a duty of care, breached it, and caused harm. What changes is the evidence available.

• Police frequently will not attend a private property collision, and may not produce a report.
• Traffic citations, which normally help establish fault, are often not issued.
• Right of way is governed by lot markings and custom rather than by the vehicle code in the same way.

So the burden falls on what you gather at the scene.

Do this before you leave

1. Photograph both vehicles in position before anyone moves, including the wider layout showing markings and signage.
2. Photograph the damage on both vehicles close up.
3. Get the other driver’s license, insurance and registration details.
4. Find witnesses, including shoppers and staff.
5. Identify the cameras. Note where they are and ask the business to preserve the footage, in writing if you can.
6. Report it to the property owner or store management and get an incident number.

The usual fault patterns

A vehicle backing out of a space is generally expected to yield to traffic in the lane. Two vehicles backing simultaneously usually results in shared fault. A vehicle in a feeder lane typically yields to one in a main thoroughfare lane. Cutting diagonally across empty spaces weakens the position of the driver doing it.

None of these are absolute, which is why the video matters so much.

Pedestrians in lots

Parking lots are where a great many pedestrian injuries happen, particularly involving reversing vehicles and children who are below the sight line. Backup camera and sensor availability is relevant, and where a commercial vehicle is involved so is the operator’s own policy.

The property owner

Occasionally the layout itself contributes: blind corners, inadequate lighting, missing markings, poorly placed dumpsters obstructing sight lines, or unrepaired surface defects. Where the design or maintenance of the lot contributed, the owner may share responsibility.