In a California personal injury case where a car hits a pedestrian in a parking lot, the driver is often found at fault due to the heightened duty of care owed to pedestrians in these areas. Parking lots are considered shared spaces where vehicles and pedestrians interact closely, requiring drivers to exercise caution, drive slowly, and remain vigilant.
🚦 Legal Basis for Liability
- California Civil Code § 1714 – General Duty of Care
- All individuals, including drivers, must use “ordinary care” to prevent harm to others. In parking lots, this means driving slowly, watching for pedestrians, and yielding when necessary.
- Negligence
- A driver who fails to see a pedestrian or is distracted (e.g., by a phone or GPS) may be considered negligent. This applies whether the pedestrian was walking behind a car, crossing a travel lane, or exiting a store.
- Private Property Consideration
- Even though parking lots are usually private property, California law still holds drivers to public roadway standards of care, especially if pedestrian pathways, crosswalks, or signage are present.
🚷 Pedestrian Rights in Parking Lots
- Pedestrians generally have the right-of-way in marked crosswalks, designated walking paths, or when walking within driving lanes in a clearly visible and reasonable manner.
- However, pedestrians also have a duty to act reasonably—for instance, not darting out suddenly or walking behind a moving car.
💼 Recoverable Damages for the Pedestrian
If you were hit as a pedestrian, you may be entitled to compensation for:
- Medical bills (emergency care, rehabilitation, ongoing treatment)
- Pain and suffering (physical pain, emotional distress, trauma)
- Lost wages (including future income if injuries are long-term)
- Property damage (e.g., broken phone or glasses)
- Punitive damages, in extreme cases (e.g., reckless driving, intoxication)
🧾 Evidence That Supports Your Claim
- Surveillance footage (many parking lots have cameras)
- Witness statements (bystanders, store employees, other shoppers)
- Photos of the scene (vehicle, injuries, location in the lot)
- Police or incident report
- Medical records
- Driver’s cell phone records (if distracted driving is suspected)
✅ What to Do Next
- Seek immediate medical care
- Report the incident to police or property management
- Document the scene and collect witness info
- Request security footage from nearby stores or lot owners
- Speak with a personal injury attorney to help preserve evidence and pursue compensation
Law Offices of James R. Dickinson – 909-848-8448
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