Legal Guide

Parking Lot Accidents in Alberta: Who Is at Fault?

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Parking Lot Accidents in Alberta: Who Is at Fault?

Parking lots might seem like low-speed, low-risk places, but accidents here are surprisingly common—and they can cause serious injuries and disputes over fault. Tight spaces, limited visibility, pedestrians, and distracted drivers create a perfect storm. Even at 10–20 km/h, collisions can lead to whiplash, fractures, or long-term pain.

Unlike highway crashes, parking lot accidents often raise unique liability questions. Who had the right of way? Was someone backing out without looking? Did a pedestrian have priority? Insurers frequently use this uncertainty to deny or minimize claims.

As Alberta injury lawyers who used to defend insurers, we understand exactly how they approach parking lot accidents—and how to fight back for victims.

This guide covers:

Common injuries from parking lot accidents
How fault is determined in Alberta
Insurance challenges in these cases
Steps to take right after a parking lot collision
Alberta-specific rules and deadlines
What a lawyer can do to help

What Counts as Personal Injury After a Parking Lot Accident?

Personal injury means any harm—physical or psychological—caused by another person's negligence. In parking lot crashes, injuries are often underestimated but can still be serious.

Common Parking Lot Accident Injuries in Alberta:

Whiplash & Soft Tissue InjuriesFrom sudden stops or rear-end impacts.
Fractures & Broken BonesFrom pedestrian knockdowns or forceful collisions.
Head Injuries & ConcussionsIf someone hits their head on a window, door, or pavement.
Back & Spinal InjuriesFrom twists or compression forces.
Psychological InjuriesSuch as anxiety or fear of driving/parking after the crash.

Who Is at Fault in Parking Lot Accidents?

Liability depends on **right of way** and driver conduct, which insurers often dispute.

1

Two Cars Backing Up

If both drivers were reversing simultaneously, fault may be shared.

2

One Car Backing Into Traffic

The reversing driver is usually at fault if they failed to yield to a car already moving.

3

Pedestrian Struck

Drivers must yield to pedestrians; fault usually lies with the driver.

4

Failure to Stop at a Stop Sign

Running posted signs in lots creates liability.

5

Straight-Through vs. Backing Car

Vehicles traveling in the lane generally have right of way over cars backing out.

6

Distracted or Speeding Drivers

Using a phone or driving too fast in a lot often leads to fault.

Alberta-Specific Rules and Deadlines

Parking lot accident claims are subject to Alberta's personal injury laws:

Two-Year Limitation Period

Most claims must be filed within two years.

Notice Requirements

Notify insurers promptly or risk weakening your case.

DCPD Property Damage

Vehicle repairs are handled through your own insurer, regardless of fault, under Alberta's Direct Compensation rules.

Minor Injury Cap

In 2025, just over $6,000—often disputed when injuries are more serious than insurers admit.

Steps to Take Immediately After a Parking Lot Accident

Acting quickly after a parking lot accident can protect both your health and your legal rights:

Call 911 if injuries are involved

So paramedics and police can attend.

Move to safety

To prevent further collisions in busy lots.

Seek medical attention right away

Even for seemingly minor pain—soft tissue and head injuries may worsen over time.

Document the scene thoroughly

With photos of both vehicles, parking spaces, traffic signs, and visible injuries.

Exchange driver and witness information

Including insurance and license plate numbers.

Get store or surveillance video footage quickly

Many lots have cameras that may be overwritten within days.

File a police report if injuries or significant damage occurred

Otherwise, self-report through Alberta's collision system.

Notify your insurer promptly

But avoid detailed recorded statements until speaking with a lawyer.

Contact an Alberta car accident lawyer early

To protect your rights, especially if fault is disputed.

How a Lawyer Helps With Parking Lot Accident Claims

Parking lot accident claims require careful evidence gathering and legal expertise to establish fault and secure fair compensation. Here's how we help:

Establishing Fault

Using witness statements, photos, and surveillance footage to prove liability.

Challenging Insurer Tactics

Preventing unfair "shared fault" arguments.

Negotiating Settlements

Securing compensation for medical care, lost wages, rehabilitation, and pain and suffering.

Accessing Camera Footage

Acting quickly to obtain video before it's erased.

Trial Preparation

Building strong cases to maximize settlement value.

FAQ section background image

Frequently Asked Questions

Conclusion

Parking lot accidents might seem "minor," but they often cause serious injuries and complicated liability disputes. Whether you were a driver, passenger, or pedestrian, you have rights under Alberta law.

Seek medical care and call 911 if needed

Document the scene and collect information

Secure surveillance footage quickly

Contact an Alberta personal injury lawyer early

Injured in a parking lot accident? Contact us today for a free consultation.

No fee unless we win.

Parking Lot Accidents in Alberta: Who Is at Fault? | Legal Guide | Shiv Ganesh