Who Is Liable When a Pedestrian Is Hit in a Parking Lot?

 Posted on March 27, 2026 in Personal Injury

Parking lot accidents involving pedestrians happen more than most people realize, and figuring out who is responsible can be more complicated than a typical road accident. California Vehicle Code § 21950 requires drivers to yield the right of way to pedestrians in crosswalks and to exercise all due care to protect pedestrian safety. That duty does not disappear just because you are in a parking lot rather than on a public street.

If you or someone you love was hurt in a parking lot and needs compensation in 2026, our Gilroy, CA personal injury lawyer can explain your rights and help you fight for a fair settlement.

Who Can Be Held Liable After a Parking Lot Pedestrian Accident?

This is one of the most important questions in these cases because liability does not always fall on just one person. In fact, multiple parties may share responsibility depending on how the accident happened.

The Driver

The driver is often the primary party at fault. Common examples of driver negligence in parking lots include backing out of a space without checking for pedestrians, speeding through the lot, being distracted by a phone, failing to yield at a pedestrian crossing, or not accounting for limited visibility near larger vehicles. Even at low speeds, a car striking a person on foot can cause serious injuries.

The Property Owner or Business

Property owners and businesses have a legal duty to maintain their parking lots in a reasonably safe condition. If poor lighting, faded crosswalk markings, confusing traffic patterns, inadequate signage, or dangerous conditions in the lot contributed to the accident, the property owner may share liability. This type of claim falls under California premises liability law, which holds property owners responsible for injuries caused by unsafe conditions they knew about or should have known about.

Multiple Responsible Parties

More than one person can be found responsible for an accident, and each party's liability is proportional to their share of the fault. For example, if a driver was distracted and there were no crosswalk markings, both could be held liable. Even if the injured pedestrian was partly at fault, they may still be able to recover compensation reduced by their percentage of responsibility.

What Are the Most Common Causes of Parking Lot Pedestrian Accidents?

Some of the most common causes of pedestrian accidents in parking lots include:

• Drivers backing out of parking spaces without checking their surroundings

• Failure to yield to pedestrians walking through the lot

• Distracted driving, including phone use

• Speeding or driving recklessly through the lot

• Poor visibility caused by large vehicles, bad lighting, or obstructions

• Confusing or poorly designed lot layouts that create dangerous conditions

Any of these factors, alone or in combination, can form the basis of a liability claim.

What Should You Do if You Are Hit by a Car in a Parking Lot?

The steps you take right after the accident can make a significant difference in your ability to recover compensation. Call 911 and get medical attention right away, even if your injuries seem minor at first. Some injuries, like internal trauma or concussions, do not show symptoms immediately.

Get the driver's name, contact information, and insurance details. Document the scene with photos of your injuries, the vehicle, the area where the accident happened, and any relevant conditions like faded markings or poor lighting. Ask for the contact information of any witnesses. Report the accident to the property owner or store management and request a written incident report.

Surveillance cameras are common in parking lots, and that footage can be critical evidence. It can disappear quickly if it is not preserved. Getting an attorney involved early helps ensure that kind of evidence does not get lost.

Schedule a Free Consultation With Our San Jose, CA Pedestrian Accident Attorney

Being hit by a car in a parking lot can leave you dealing with painful injuries, medical bills, missed work, and a lot of uncertainty about what comes next. You deserve someone who will stand up for you, navigate the legal system on your behalf, and fight to get your life back on track.

Attorney Fuller was born and raised in Santa Clara County, attended Bellarmine and Santa Clara University, and made the choice to stay and serve this community. He believes every client deserves a real voice in a complex system. Whether you are trying to get back on your feet or simply need someone who believes in you and will advocate for the best possible result, the Gilroy, CA personal injury lawyer at Fuller Law Firm is ready to help. Call 408-234-7563 today to schedule a free consultation.