Home > Research Legal Advice > Car / Auto Accident > Is there "no fault" in a car accident which occurred in a private parkin...
Asked about 4 years ago - Katy, TX
Flag
My husband and I were driving across a large business parking lot when we were hit by a driver who did not stop-- or even look-- before entering the intersection. We were on a straightaway, heading towards the main street; she was crossing that street between two parking lots. She hit us, as we were already in the intersection (the damage is to the side of our car, the front of hers).
As there was no stop sign, she is trying to claim that she is not at fault; the rent-a-cop who was managing traffic in the public street walked over and told her it was not her fault due to the absent stop sign.
Is it true that because the accident took place in a private (albeit large) parking lot, that she is not at fault?
Nope, though that is commonly said, it is nonsense. It may be true that she didn't break any traffic laws if there were no traffic laws to break, but it is not true that she can drive anyway she wants without being assessed liability for her irresponsible actions.
No matter where we are, and no matter what we are doing, we are still required to behave as reasonable and prudent people. She wasn't doing that. A reasonable person honors the rules we were all taught in Driver's Ed, even if the signs were not placed by the government.
You have every reason to insist that her insurance takes care of this.
Good luck!
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
