When a pedestrian is struck in a parking lot, determining who is at fault can be a complex process. Depending on the circumstances of the accident, fault may lie with the driver, the property owner, the business, or even third parties. Factors that may contribute to determining fault include whether the driver failed to yield, visibility issues, or unsafe conditions in the parking lot.
Miller & Mallett has spent nearly four decades advocating for injured individuals in Arkansas and addressing complex liability questions like these. With a reputation for being compassionate with clients while firmly standing up to insurance companies, we know how to identify all potentially responsible parties and hold them accountable after a parking lot pedestrian accident.
Why Parking Lot Pedestrian Accidents Are So Dangerous
- Parking lots can be hazardous for pedestrians due to factors like unpredictable traffic flow, limited sightlines from parked vehicles, and the presence of distracted drivers
- Common risks include vehicles moving in various directions, sudden backing, and pedestrians walking between cars or toward store entrances
- Despite being low-speed environments, the National Highway Traffic Safety Administration (NHTSA) highlights that parking lots pose serious risks, with pedestrian injuries and fatalities still a significant concern
- Even low-speed collisions can result in significant injuries, including broken bones, head trauma, spinal cord damage, and long-term mobility issues
Who Can Be Held Responsible After a Parking Lot Pedestrian Accident?
Negligent Drivers
Drivers are not exempt from legal responsibility merely because an accident occurs in a parking lot. Under Arkansas negligence law, motorists are required to exercise reasonable care in all driving situations, including those on private property, such as parking areas.
Actions that may establish driver fault include:
- Failing to keep a proper lookout while backing out of a parking space
- Driving too fast for the conditions in parking lanes
- Failing to watch for pedestrians walking to or from vehicles or storefronts
- Driving while distracted, fatigued, or impaired
Arkansas employs a modified comparative fault system, in which the fault of all parties is considered in determining liability. According to Arkansas Code § 16-64-122, an injured pedestrian can recover damages if their fault is less than that of the driver. However, any recovery is reduced based on their percentage of fault and is completely barred if their fault is equal to or greater than that of the defendant.
In parking lot incidents, fault is determined by whether the driver failed to exercise reasonable care and if that failure directly caused the pedestrian’s injuries. Due to reduced visibility and mixed pedestrian traffic, driver behavior is carefully evaluated when assessing responsibility.
Property Owners and Businesses
Parking lots are often private property, which means premises liability applies. In Arkansas, property owners are required to maintain safe conditions for people on their premises. They may be partially liable for pedestrian accidents caused or worsened by:
- Poor lighting
- Faded or missing crosswalk markings
- Obstructed views
- Unsafe traffic patterns
Arkansas courts recognize that failing to correct or warn about known hazards can constitute negligence.
Employers or Commercial Vehicle Owners
When a pedestrian is struck by a driver working at the time—like a delivery driver or rideshare operator—liability may extend beyond the driver.
Employers can be held responsible for the negligent acts of employees within their scope of employment, potentially providing additional compensation avenues, especially when commercial insurance is involved.
The Arkansas Judiciary acknowledges employer responsibility in civil liability and negligence cases (Neal v. Oliver :: 1969 :: Arkansas Supreme Court Decisions).
Government Entities (In Limited Situations)
Some parking lots and garages are managed by government entities, which can complicate legal claims in pedestrian accidents. If an accident occurs due to unsafe conditions—such as poor design, inadequate signage, or a lack of lighting—the government may share liability.
Claims against government entities are subject to stricter rules under Arkansas law, including special notice requirements, shorter filing deadlines, and specific forums, such as the Arkansas Claims Commission. Adhering to these rules is crucial for maintaining a valid case; therefore, early legal review is recommended for incidents that occur in public parking areas.
How Fault Is Determined in Arkansas Parking Lot Accidents
Arkansas applies a modified comparative negligence rule:
- If an injured pedestrian is found to be less than 50% at fault, they may still recover compensation, reduced by their percentage of responsibility
- If the fault reaches 50% or more, recovery may be barred
The Arkansas Department of Transportation outlines the process for gathering evidence and evaluating fault in its safety and roadway guidance materials.
Talk to a Pedestrian Accident Lawyer Who Knows How to Hold the Right Parties Accountable
When injuries occur in shared spaces, such as parking lots, determining who is responsible can be a complex and often not straightforward process. Insurance companies are quick to shift blame or downplay your situation. That’s why it’s important to have the right legal team on your side.
At Miller & Mallett, we’ve spent nearly four decades helping injured Arkansans navigate complex liability issues and move forward with confidence. We take the time to investigate every angle, identify all potentially responsible parties, and explain your options clearly—without pressure or legal jargon. Our approach is straightforward: we treat our clients with care and respect, and we are relentless in protecting them from unfair insurance tactics.
Schedule a free case evaluation with Miller & Mallett today. We’re available 24/7, and we’re ready to listen, answer your questions, and help you take the next step toward accountability and recovery.
