Parking Lot Accidents

July 27, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

There are a lot of accidents in parking lots, and generally they are surrounded by confusion. Thankfully most of them are ‘fender benders’ with much more damage done to property than to people. There are accidents, however, when people are injured or even killed in parking lots.

Anytime you have an accident anywhere that involves people being injured you should phone the police to report the accident, and call 911 for an ambulance if the accident is serious or you feel threatened. However, in Ontario parking lots are private property. While you can make an insurance claim for a car accident, you shouldn’t expect police to lay charges in the event of one.  

The insurance company will require all the information you would need in any accident. Take pictures, get the driver’s licence number and insurance information of the other driver and the make and model of their car. Get any witness information as well. If you prefer not to go through insurance that is something you can negotiate with the other driver, however, remember that you may have a lot of trouble getting any compensation owed this way.

The easiest way to avoid hitting people or other cars is to back into your parking spot at all times. You have a clear view of where you are going, and it is less likely that someone will just wander behind your car if they are walking.  When backing up you do not have the ‘right of way’ either on the road, or in a parking lot. It is up to you to make sure the path is clear and safe.  According to the Ontario Driver’s Handbook:

Take extra care and move slowly when backing up (reversing) your vehicle. Before you begin, check that the way is clear behind you. Be especially careful to look for children and cyclists.

While firmly holding the steering wheel, put the gear selector in reverse and turn sideways in your seat to look over your shoulder in the direction you are moving. If you are reversing straight back or to the right, turn your body and head to the right and look back over your right shoulder.

If you are reversing to the left, turn your body and head to the left and look over your left shoulder. Always check the opposite shoulder as well. If you are turning as you reverse, check that the front end of your vehicle does not hit anything.

You don't have to wear a seatbelt while backing up. If you need to remove your seatbelt to turn your body to see properly when reversing, do so. But don't forget to buckle up again before moving forward.

It is illegal to drive in reverse on a divided road that has a speed limit of more than 80 km/h. This applies to the travelled section of the road and the shoulder. The only exception to this rule is if you are trying to help someone in trouble.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.