Do I Have the Right of Way When Backing Out of a Parking Space in California?

Many parking lot accidents happen when drivers are backing out of a parking space. When these collisions occur, drivers often argue about who is at fault.

The answer depends on who had the right of way in the moments before the accident. The trouble is that parking lots are such hotbeds of activity that it can be difficult to determine who had the right of way and who was required to yield.

Below, the experienced Sacramento car accident lawyers from the Arnold Law Firm discuss who is at fault for a backing-out accident in a parking lot in California, including who has the right of way.

Who Has the Right of Way When Pulling Out of a Parking Lot in California?

Right-of-way rules don’t stop when you enter a parking lot. In fact, they still apply—but not everyone realizes how those rules work when you’re navigating narrow feeder lanes, busy thoroughfares, or backing out of a space.

In California, determining who has the right of way in a parking lot often comes down to understanding how the lot is structured and how vehicles are moving within it. While these aren’t public roadways in the traditional sense, California drivers are still expected to operate with caution, yield appropriately, and follow basic traffic laws.

The Two Main Types of Parking Lot Lanes

Understanding who has the right of way starts with recognizing the difference between the two types of lanes most parking lots use:

1. Thoroughfares: Thoroughfares are the main driving lanes that typically run around the perimeter of a parking lot or connect directly to entrances and exits. These are usually wider and are designed to accommodate more traffic. In many lots, they look like miniature streets within the parking area.

Because they function as the primary flow of traffic, drivers traveling in a thoroughfare generally have the right of way over cars that are pulling out of feeder lanes or parking spots.

2. Feeder Lanes: Feeder lanes run between the rows of parked cars. They usually begin and end at a thoroughfare and are narrower, more confined, and have slower-moving traffic. If you’re pulling out of a feeder lane and turning onto a thoroughfare, you’re expected to yield to any traffic already in the thoroughfare.

Likewise, if you’re reversing out of a parking space into a feeder lane, you’re expected to yield to vehicles already driving through that feeder lane.

So, Who Has the Right of Way?

Parking lots might seem casual compared to busy roads, but the rules still matter—especially when it comes to determining fault after an accident. While there might not always be stop signs or painted lanes, drivers are still expected to follow basic right-of-way principles. Understanding these rules can help you stay safe and avoid unnecessary liability.

Here’s a quick breakdown:

• Drivers in thoroughfares have the right of way over drivers in feeder lanes.
• Drivers who are backing out of parking spaces must yield to all moving traffic, whether in a feeder lane or thoroughfare.
• If two cars arrive at an intersection within a parking lot at the same time, the usual right-of-way rules apply: the vehicle on the right goes first.
• Pedestrians in designated crosswalks always have the right of way.
  

What If There Are No Signs or Markings?

Many parking lots don’t have clear signage or lane markings, which can make things confusing. But even without stop signs or directional arrows, drivers are still expected to use caution and yield when appropriate. If you’re pulling out and another driver is already moving through a main lane, it’s your responsibility to wait.

Unfortunately, because many parking lots are privately owned, law enforcement doesn’t always respond to minor fender-benders unless there’s an injury or major damage—which can make proving fault harder later.

That’s why documenting everything at the scene matters. If you’ve been hit while pulling out of a parking space or were struck by someone cutting through a lot too quickly, take photos, get witness information, and write down what happened as soon as you can.

Why Fault Matters in Parking Lot Accidents

Even though parking lot accidents often happen at low speeds, they can still cause serious injuries—especially if a pedestrian is involved or if someone’s caught off guard while reversing. And when it comes to personal injury claims in California, determining fault is critical.

Under California’s comparative fault law, the percentage of fault assigned to each party will directly impact the amount of compensation you’re eligible to receive. That’s why it’s so important to establish who had the right of way and whether the other driver failed to yield, was distracted, or was driving too fast for the conditions.

What Is the Parking Lot Accident Law in California?

California doesn’t have a separate set of traffic laws just for parking lots, but that doesn’t mean the rules don’t apply. The same basic principles that govern right of way on the road also apply in parking areas—especially when it comes to determining who’s responsible in an accident.

One of the most important rules is this: drivers backing out of parking spaces must yield to moving traffic. That includes cars traveling through feeder lanes, which are the narrower lanes between rows of parking spots. If you’re pulling out of a space, it’s your responsibility to check for oncoming vehicles and wait until it’s safe to go.

Think of it like leaving a driveway and entering a street—you have to yield to drivers already on the road. The same idea applies in parking lots. Drivers who are already in motion and following the flow of traffic generally have the right of way over those who are stopped or reversing.

Failing to follow this rule can result in liability if a crash occurs. Even at low speeds, parking lot accidents can cause real damage—both to vehicles and to people—so right-of-way matters more than many realize. If you were involved in a parking lot collision and aren’t sure who was at fault, talking to a personal injury lawyer can help you understand your rights and next steps.

Are Parking Lot Accidents Always 50/50?

No, parking lot accidents are not automatically split 50/50—despite what some people might assume. Every accident is different, and fault depends on the specific circumstances. California is a comparative fault state, which means responsibility can be divided based on who was more at fault, even in a parking lot.

For example, if one driver was speeding through the lot or distracted by their phone, and another was backing out without looking, the blame might not be equal. One person might be 80% at fault, while the other carries 20%. It all depends on the details—how the accident happened, what the drivers were doing, and whether either one violated the right-of-way rules.

In many cases, surveillance footage, photos of the scene, or witness statements help determine who was primarily responsible. Just because the accident happened in a parking lot doesn’t mean both drivers automatically share blame.

If you’re unsure who was at fault—or if an insurance company is trying to assign you more responsibility than you deserve—it’s worth getting a professional opinion. A personal injury lawyer can help sort through the facts and fight for a fair outcome.

How Does Right of Way Work Elsewhere in a Parking Lot?

Here are some of the other rules about who has the right of way in a parking lot:

• Vehicles in thoroughfares typically have the right of way over vehicles leaving feeder lanes.
• Drivers turning left or right from a thoroughfare into a feeder lane or other roadway must yield the right of way to traffic approaching from the opposite direction as well as cyclists and pedestrians. You are required to yield to all pedestrians in designated crosswalks.
• Any stop or yield signs located in the parking lot override the presumed right of way. Traffic signs in a parking lot must be obeyed.
• If you are at an uncontrolled intersection in a parking lot, you must yield to the first vehicle to arrive or stop at the intersection. Drivers should come to a complete stop and proceed in the order they arrived at the intersection. If you arrive at the same time as another car, the driver to the left must yield to the driver on the right.
• When two drivers want to get the same parking space, drivers who are trying to cross traffic are required to yield.

Is the Person Backing Up Always at Fault?

Drivers who are backing out of a parking space or driveway must yield to others in the parking lot. If a driver backing up from a parking space hits another vehicle, pedestrian or cyclist, the driver is most likely going to be at fault for damages.

This is because the person or vehicle that got hit had the right of way. One of the first things the insurance company is going to consider after a reversing accident is who had the right of way.

However, there are some exceptions to this general rule. For example, if another driver disobeyed a posted traffic sign and caused a collision. If you looked and it seemed like you had plenty of time to back out, but you hit a car that came speeding down the feeder lane, the driver of that vehicle may be partially at fault.

Despite the fact you are required to yield to pedestrians, there may be times when pedestrians are at fault. This might be the case if a pedestrian was particularly negligent, such as if he or she ran behind your car without warning.

Who is at Fault for Accidents When Two Drivers are Backing Out?

If two drivers are backing out of two parking spaces and they crash into each other, they probably share fault for the collision. One driver may bear more fault than the other because one of the drivers may have been farther out of the spot than the other. In this situation, the driver who was not as far out of the parking space should likely have been the one to yield.

Fortunately, accidents involving two drivers backing out of parking spaces are rare. They are also less likely to cause serious injuries than other types of parking lot crashes. This is because there is not enough space in that situation to allow a vehicle to speed up and generate more force at impact.

However, these types of accidents often result in drivers making contradictory statements about what happened. This can make the case challenging, which is why victims need an experienced attorney.

Where Do Backing-Up Accidents Often Occur?

Back-up accidents most commonly occur in parking lots and residential areas. For example, drivers may need to back out of their driveway onto a residential street. Drivers need to look behind them and make sure they have enough space and time to back out safely. Drivers also need to be alert for pedestrians and bicyclists, particularly small children who may be walking or riding their bikes.

Backing-up accidents could also occur in intersections. If a driver stops at an intersection because the light turned red while approaching the intersection, he or she may need to back up to get out of the way of oncoming traffic. Drivers need to be cautious while doing this because they could back up into the car behind them.

Sometimes these accidents happen when a rear driver continues to pull forward without realizing the lead driver is backing up.

California Laws on Fault For a Car Crash

Most car accident claims in California involve one driver who is 100 percent at fault. Under California law, drivers who are at fault for a collision are responsible for the victim’s damages. That is why our state requires drivers to purchase liability insurance. This insurance helps to pay for medical costs and other damages suffered by the victim.

There are cases, however, when two or more drivers may share fault for a crash. These situations are governed by California’s pure comparative negligence law. Under this law, your damages will be reduced based on your percentage of fault. For example, if you are 20 percent at fault for the collision, you can only recover 80 percent of the value of your damages.

Some states prohibit the recovery of compensation if you bear too much fault. In California, however, you could be 99 percent at fault and still recover compensation. This means if you were injured while backing out of a parking space and you bear the majority of fault for the crash, you can still recover compensation.

When you file a claim for a reversing accident, the insurance company is going to try to find any reason to assign you partial responsibility. If successful, then the insurance company would be able to pay out less compensation.

How Common Are Parking Lot Accidents?

Tens of thousands of car accidents happen in parking lots and parking garages each year, according to the National Safety Council (NSC). While thousands of people suffer injuries in these collisions, hundreds more are fatally injured.

These crashes happen throughout the year, but they are much more common during the holiday season, including on Black Friday.

One of the reasons parking lot car accidents are so common, including accidents that occur when drivers are backing out of parking spaces, is because drivers are distracted. The NSC conducted a public opinion poll that found 66 percent of drivers across the nation make phone calls in parking lots.

Another 63 percent of drivers program their GPS systems in parking lots, while 56 percent send text messages, 52 percent use social media, 50 percent send or receive emails and another 49 percent watch videos or take pictures.

Why do Parking Lot Accidents Happen?

Parking lots are hectic places with obstructed visibility. Backing-up accidents usually occur because one person failed to yield.

Some of the other causes of parking lot collisions include:

Here are some of the common types of parking lot accidents that could be caused by driver negligence:

• A driver fails to make sure the way is clear before backing out of a parking space.
• Two vehicles collide as they both back up and pull out of their respective parking spaces at the same time.
• A moving vehicle hits a parked vehicle, such as backing into a car while backing out of a parking space or clipping the bumper of a vehicle while maneuvering in or out of a parking space.
• A vehicle strikes a pedestrian in a parking lot. A driver is speeding through the parking lot and fails to see another vehicle backing out of a spot.
• A driver blows through a stop sign and into a crosswalk.
• A driver turns sharply in front of oncoming traffic.
• One car rear-ends another because the driver of the lead car suddenly stopped.
• A driver pulls forward out of a parking spot into oncoming traffic.
• A vehicle stopped at a stop sign gets hit from behind or gets backed into.

If an accident occurs because a driver’s view is obscured, it is important to determine what caused poor visibility. Was it because of an overgrown tree or poor parking lot design? If so, there is a chance that the property owner may be liable.

When Can a Property Owner be Liable for a Parking Lot Accident?

Property owners may be liable for hazardous conditions on their property that result in a collision. This includes the parking lot of a business.

Landlords are expected to:

It is important to note that parking lot accidents are usually a result of driver negligence, though. If the property owner is liable, they are probably only partially liable. Drivers usually bear the largest percentage of fault for a parking lot crash.

What Should I do After a Parking Lot Accident?

After a parking lot accident, you should take these important steps:

• Call the police– California requires drivers to report crashes that cause injuries, death or significant property damage. The responding officer should conduct a preliminary investigation and complete a police report. The report should include his or her determination of who caused the crash. This can be used as evidence for your auto accident claim.
• Get medical attention– Seeking medical attention as soon as possible can help link your injuries to the crash. This makes it so the insurance company will have a harder time saying you were not injured, or that your injuries were a result of something unrelated to the crash.
• Take photos of the scene– If you can safely do so, take pictures of the damage to your vehicle and the vehicle that hit you, as well as anything worth noting about the crash like visibility, obstructions, lines on the road, etc.
• Get contact information from potential witnesses– If there are people in the parking lot who witnessed the collision you should get their contact information so your attorney can speak to them about what they witnessed.
• Avoid making statements to the insurance company – It is generally best to say little to nothing to the liable insurance company. Anything you say to the insurance company could be used against you as a reason to deny or underpay your claim.
• Contact an experienced lawyer – You should also consider calling an experienced attorney who can help you through the process of filing a claim, which can be complicated. It is often your word against the word of the other driver, and sometimes at-fault drivers lie. That is why you need a lawyer who has been through the process many times and knows how to gather evidence to build a strong case.

How Can I Avoid Parking Lot Accidents?

To avoid parking lot accidents, be cautious and follow these best practices:

You may want to back into a parking space to avoid having to check behind you when you eventually leave. However, you need to know how to back in a parking space without hitting another car, which can be challenging if this is not something you do often.

Call a Trusted Lawyer if You Were Injured in a Parking Lot Accident

If you were injured in a parking lot collision while you or another driver was backing out of a parking space, our attorneys are available to discuss possible legal options.

Schedule a free, no-obligation consultation today with our parking lot accident lawyers in Sacramento, CA. We charge no upfront fees, and you only pay us if we recover compensation for you.

Call the Arnold Law Firm at (916) 777-7777 or complete our Free Case Evaluation form.