- By: David J. Zappitell
- parking lot liability
- Feb 13
- Comments (0)
Parking lots feel low risk. They are not. Parking lot accidents in Delray Beach and Boca Raton can can happen anywhere – from tight parking lots like The Delray Place Shopping Center (Trader Joe’s) to the busy Walmarts on Federal or on Military Trail, from parking garages off Atlantic Ave. to Mizner Park, from Boca High to Atlantic Community High School, cars, pedestrians, scooters, bicycles, and delivery trucks all compete for parking spaces, especially during ‘season’.
At Zappitell Law Firm, we handle parking lot accident cases in Delray Beach, Boca Raton, and surrounding communities involving drivers, pedestrians, cyclists, and motorcyclists.
Why Parking Lot Accidents Are Legally Different From Road Crashes
Parking lots are usually private property. Traffic laws still apply, but enforcement works differently than on public roads. Many lots lack clear signs, signals, or lane markings.
That creates uncertainty during an investigation.
Parking lot crashes are evaluated differently from motor vehicle accidents on public roads. Fault is based on negligent behavior, not just a traffic violation. Liability often depends on visibility, right-of-way, and driver behavior.
We have handled similar right-of-way disputes in Florida roadway cases:
- A bicyclist was struck by a pickup truck making a right turn. We resolved the case successfully for the injured rider.
- A motorcyclist was hit when a vehicle turned left in front of him. Both drivers claimed they had the green light. Liability was disputed, and we secured a successful outcome for the rider.
These examples are not parking lot crashes. They show how turns, visibility, and right-of-way disputes affect parking lot liability. The same issues apply in parking lots, often with less documentation and fewer witnesses.
Common Parking Lot Accident Scenarios
Most parking lot crashes follow predictable patterns:
- Backing out collisions when drivers do not check mirrors or blind spots
- Cars cutting across rows to save time
- Pedestrians hit while walking to or from stores
- Scooters, bicycles, and motorcycles missed due to limited visibility
- Delivery trucks blocking lanes and creating blind zones
High‑risk spots are often grocery store plazas, where heavy foot traffic intersects with frequent vehicle movement. An incident in a Publix parking lot in Manalapan, where a 74-year-old woman was fatally struck by a driver, shows how quickly routine parking lot activity can turn into a serious or fatal accident.
| “Any time a vehicle turns across someone’s path, the injury risk rises, even at low speeds,” – David J. Zappitell, Founder – Zappitell Law Firm |
When Property Owners Can Be Liable
Drivers are not always the only responsible party. Property owners, businesses, and HOAs can share fault when conditions contribute to crashes in parking lots.
Common issues include:
- Poor lighting
- Faded or missing lane markings
- Obstructed sightlines from signs or landscaping
- No pedestrian walkways or crosswalks
“If a hazard exists and nothing is done about it, responsibility does not always stop with the driver,” says Zappitell.
Why Police Reports Are Often Missing or Incomplete
Police are not always called to parking lot incidents. When officers respond, reports may be brief. Many incidents are treated as private property disputes, not traffic crashes.
Insurance companies use gaps in reports to question fault and injuries.
What You Should Document Immediately
Evidence disappears fast in parking lots. If you can, document:
- Vehicle positions before cars move
- Damage, skid marks, and debris
- Lighting, signage, and lane markings
- Photos or videos from nearby stores or cameras
- Witness names and contact details
- Medical evaluation, even if you feel fine
“In parking lots, evidence disappears fast. Once cars move and people leave, the story changes,” Zappitell explains.
When a “Minor” Parking Lot Crash Turns Serious
Low-speed crashes still cause injuries. Parking lot accidents can cause serious injuries, including:
- Neck and back injuries
- Concussions
- Fractures
- Ligament and soft tissue injuries
Symptoms often show up hours or days later. Early documentation protects your claim.
How to Protect Yourself When Walking in Local Parking Lots
- Make eye contact with drivers
- Avoid walking behind parked vehicles
- Use marked walkways when available
- Stay off your phone
- Give delivery trucks extra space
High-risk spots in Delray Beach include busy grocery and retail plazas like the Walmart lot on Military Trail just south of Linton Boulevard, as well as tight commercial centers such as Delray Place at 1851 S. Federal Highway, home to Trader Joe’s and Barnes & Noble, where narrow lanes and limited visibility increase the risk of parking lot accidents involving vehicles and pedestrians.
It is important to make eye contact with drivers so everyone is aware of who is crossing. In an incident on Lake Worth Road east of the Turnpike, a mother and her son were struck and injured while crossing, showing how easily drivers and pedestrians can miss each other in busy traffic areas.
How We Handle Parking Lot Cases
We focus on:
- Surveillance and dash cam footage
- Right-of-way and turning violations
- Property layout and design flaws
- Insurance disputes and coverage issues
- Compensation for medical bills, lost income, and pain
“If evidence disappears, your leverage disappears. Early action changes outcomes,” Zappitell says. Speaking with a Delray Beach personal injury lawyer early is important.
Talk With a Delray Beach Parking Lot Accident Lawyer
If you were injured in a parking lot in Delray Beach, you do not have to handle the claim on your own. Our team at Zappitell Law Firm helps people recover compensation after parking lot accidents involving cars, pedestrians, bicycles, and motorcycles. You can speak with a Delray Beach personal injury lawyer by calling (561) 330-6330 or clicking here to request a consultation. We review your situation, explain your options, and help you decide what to do next.
Frequently Asked Questions
Q: Who has the right of way in a parking lot?
A: Fault depends on negligence. Pedestrians usually have priority, but drivers must also act reasonably.
Q: Can I file a claim without a police report?
A: Yes. Many valid claims proceed without a report.
Q: Can a property owner be liable for a parking lot crash?
A: Yes. Liability can exist if unsafe conditions contributed to the crash.
Q: Do low-speed parking lot crashes matter legally?
A: Yes. Injuries and property damage are compensable.
Q: Should I contact a lawyer after a minor parking lot crash?
A: Yes. Symptoms can appear later, and early documentation strengthens your claim.
About the Author
David J. Zappitell is a Florida Bar Certified Civil Trial Lawyer and the founder of Zappitell Law Firm in Delray Beach. With decades of experience representing victims of car accidents and other personal injury cases, David has been recognized among the National Trial Lawyers: Top 100 for his dedication to justice and client advocacy.