Parking Lot Accidents: Lower Speeds, Real Injuries

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A collision in a Georgia parking lot sits between two bodies of law. The rules of the road decide who had to yield, but they are written for highways and reach a private lot only in the situations the Code lists. The premises statute decides what the owner of the lot owes. Fault is then divided between the drivers by percentage, with a bar at 50 percent.

When the Rules of the Road Reach a Lot

The Code defines a “highway” as “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” (OCGA 40-1-1(19)), and the chapter on the rules of the road refers to the operation of vehicles upon highways, with listed exceptions (OCGA 40-6-3(a)). The exception that matters for an ordinary lot collision is that the chapter applies to vehicles operated in shopping centers, parking lots, and similar areas that, although privately owned, the public customarily uses as through streets or connector streets (OCGA 40-6-3(a)(2)). A lot’s drive aisles that shoppers use to cut between roads can therefore fall under the same rules as a street, while a lot that does not serve that function depends on the other exceptions.

Where the rules apply, these three bear directly on lot collisions:

  • Entering a roadway. “The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed” (OCGA 40-6-73).
  • Emerging from a driveway or building. The driver of a vehicle “emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk,” and “shall yield the right of way to any pedestrian on a sidewalk” (OCGA 40-6-144).
  • Backing. A driver may back up only when the move is safe and does not interfere with other traffic (OCGA 40-6-240(a)).

The Owner’s Duty

An owner or occupier who invites the public onto its lot owes ordinary care in keeping the premises and approaches safe (OCGA 51-3-1), a duty about the condition of the lot rather than the drivers’ conduct. Wheel stops are an example: in Brixmor New Chastain Corners SC, LLC v. James, 367 Ga. App. 235 (2023), unpainted stops set in an unexpected place and blending with the parking stripe left the hazard question to a jury. Lighting is treated differently, since Suddarth v. Lounsbrough, 369 Ga. App. 158 (2023), found no duty to light the area without a contract or statute requiring it.

Dividing Fault Between Drivers

Each driver’s damages are reduced by that driver’s own percentage of fault, and a driver 50 percent or more responsible recovers nothing (OCGA 51-12-33). For example, imagine two drivers backing out of facing spaces at the same moment, with a jury assigning 45 percent of the fault to Driver A and 55 percent to Driver B. With damages of $60,000 for Driver A and $40,000 for Driver B, Driver A recovers $33,000, the $60,000 reduced by 45 percent, and Driver B recovers nothing.

Frequently Asked Questions

Do DUI and reckless-driving laws apply in a parking lot?
Yes. The provisions on reckless driving, driving under the influence, and homicide by vehicle apply on highways and elsewhere throughout the state (OCGA 40-6-3(a)(3)).

Does a driver who hits a car or a person in a lot have to stop?
Yes. The duties after an accident in OCGA 40-6-270 through 40-6-272, including stopping and giving information, apply in all parking areas and in areas customarily open to the public, and within 200 feet of them (OCGA 40-6-3(a)(4)).

Can the police write a report for a parking lot crash?
Yes. Any law enforcement officer may write an accident report for a motor vehicle accident on private property (OCGA 40-6-3(b)).

How long is there to sue over damage to the car itself?
Four years from accrual for damage to personal property such as a car (OCGA 9-3-31), against two years for a claim of injury to the person (OCGA 9-3-33).

  • OCGA 40-1-1(19); OCGA 40-6-3(a)(2), (3), (4), (b)
  • OCGA 40-6-73; OCGA 40-6-144; OCGA 40-6-240(a); OCGA 40-6-270 through 40-6-272
  • OCGA 51-3-1; Brixmor New Chastain Corners SC, LLC v. James, 367 Ga. App. 235 (2023); Suddarth v. Lounsbrough, 369 Ga. App. 158 (2023)
  • OCGA 51-12-33
  • OCGA 9-3-31; OCGA 9-3-33

Disclaimer

This article provides general information about parking lot collisions under Georgia law. It is not legal advice and does not create an attorney-client relationship. Fault depends on the layout of the lot and the movements of each vehicle. A person involved in a parking lot collision should consult a licensed Georgia attorney about the particular situation.

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