Hit by another car in a parking lot in Alabama: how fault is decided off the road

Attorney Answer

In a private parking lot, fault is decided by ordinary care, not by the rules of the road. Alabama's traffic rules apply on highways, and a highway must be publicly maintained, so a store's private lot is generally outside them. What matters is how each driver was moving: who was in a travel lane, who was backing or pulling out, and who could see whom. And because Alabama applies contributory negligence, any carelessness of yours that helped cause the crash can bar your claim entirely.

Where the rules of the road apply. Ala. Code § 32-5A-2:

The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section.

A second exception in the same section keeps the accident duties, including the duty to stop and exchange information, and the drunk-driving sections in force everywhere, parking lots included. And a highway is defined by who maintains it. Ala. Code § 32-1-1.1(26):

(26) HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

A lot the public maintains, such as some city or county lots, may be different; that is a fact a lawyer would check.

How fault is weighed in a lot. Each driver owes the others reasonable care: keeping a lookout, and driving slowly enough to stop for what they should see. If your car was stopped or parked when it was hit, fault usually rests with the moving driver. If both cars were moving, the lot's lanes, arrows and signs, and who had the better view, carry the weight.

Alabama's contributory-negligence rule. If the other side proves that your own carelessness helped cause the crash, you recover nothing: not a reduced amount, nothing (Knight v. Alabama Power Co., 580 So. 2d 576 (Ala. 1991)). The same case holds that it is no defense to wanton conduct. And it is a high bar for the defense: the Supreme Court of Alabama has held that simple heedlessness is not enough to decide it as a matter of law, and that it is ordinarily a question for the jury (Lafarge North America, Inc. v. Nord, 86 So. 3d 326 (Ala. 2011)).

What you can do

1. Photograph both cars where they stopped, the lane markings and arrows, and any signs.

2. Ask the store or property manager right away for camera footage, before it is recorded over.

3. Exchange names, insurance and registration with the other driver, and note any witnesses.

4. Report the crash to the police and to your own insurer.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Alabama attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Ala. Code § 6-2-38(l):

(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.