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Who is at fault in a Texas parking lot crash?

By Elahi LawPublished 5 min read

On this page
  1. Two sets of Texas rules, and only one applies in the lot
  2. What you must do at the scene
  3. How shared fault works in Texas
  4. Common parking lot crashes and the facts that decide them
  5. Parking lot accident checklist for Texas drivers
  6. Filing the claim
  7. When to talk to a lawyer

Parking lot crashes are usually slow and minor, but the fault questions can be harder than on the road. This post explains which Texas laws apply to a parking lot accident, how fault gets shared, and what to record so the insurers have facts to work from.

Two sets of Texas rules, and only one applies in the lot

You may read that “the rules of the road apply in parking lots.” Texas law is more precise than that.

Your duties after a crash do apply. Chapter 550 of the Transportation Code, which covers stopping, sharing information, and helping the injured, applies to a parking area a business provides for its customers, to a paid parking lot or garage, and to a highway or other public place (Tex. Transp. Code 550.001). Private residential property is left out.

Most traffic rules may not. The rules for operating a vehicle in the same subtitle apply “only to the operation of a vehicle on a highway” unless a rule says otherwise (Tex. Transp. Code 542.001). A “highway or street” is a publicly maintained way open to public vehicle travel (Tex. Transp. Code 541.302(5)). A store’s private lot is usually not publicly maintained.

So in a shopping center lot, fault often turns on ordinary care: what a reasonably careful driver would have done in that spot. Painted arrows, stop signs, and lane markings still show what drivers in that lot were expected to do. Photograph them.

What you must do at the scene

These duties come from Chapter 550, and they apply in a business lot:

  • Stop. If a crash damages a vehicle that someone is driving or attending, stop and stay until you have shared your information (550.022).
  • Share information. Give your name and address, your vehicle’s registration number, and your liability insurer’s name. Show your driver’s license if asked (550.023).
  • Help anyone hurt. That includes arranging a ride to a doctor or hospital if treatment is clearly needed or the person asks (550.023(3)).
  • If you hit a parked car with no one in it, find the owner, or leave a written note in a plain-view spot with your name and address, the name and address of your car’s owner, and what happened (550.024). Leaving without doing this is a Class C misdemeanor if total damage is under $200, and a Class B misdemeanor at $200 or more (550.024(b)).

How shared fault works in Texas

Texas uses proportionate responsibility. The judge or jury gives each person a percentage of fault, stated in whole numbers (Tex. Civ. Prac. & Rem. Code 33.003). Two rules follow from that:

  1. If your share is more than 50 percent, you cannot recover damages (33.001).
  2. If your share is 50 percent or less, your damages are reduced by your percentage (33.012(a)).

Worked example

The numbers below are an illustration, not a prediction for any real claim.

Driver A backs out of a space. Driver B is driving down the lane faster than the lot allows and looking at a phone. They collide. A’s repair bill is $4,000.

If fault is splitA’s shareWhat A can recover from B
A 30, B 7030 percent$4,000 less 30 percent, so $2,800
A 50, B 5050 percent$4,000 less 50 percent, so $2,000
A 60, B 4060 percentNothing, because A is over 50 percent

A 10-point change in the split can decide whether a claim pays anything. That is why the evidence below matters.

Common parking lot crashes and the facts that decide them

There is no fixed formula, but these are the facts adjusters usually ask about.

  • Backing out into a moving car. Was the moving car in a through lane? How fast was it going? Did the backing driver look, and for how long?
  • Two cars backing out at once. Who started moving first? Where was each car when they touched?
  • Pulling out of a space into a lane. Was the lane car already passing? Was there a stop sign or arrow at that spot?
  • Cutting across empty spaces. Did a driver ignore the lane layout to take a diagonal shortcut?
  • Lane meets a feeder road or exit. Which lane had a stop sign or yield marking?
  • A pedestrian is hit. Where was the person walking, and could the driver see them?

Parking lot accident checklist for Texas drivers

Use this before you leave the lot.

  • Move out of the traffic lane if no one is hurt. Call police if someone is hurt or the other driver leaves (TDI).
  • Photograph both cars where they stopped, before moving them if it is safe.
  • Photograph the damage, both plates, and the other driver’s insurance card and license (TDI).
  • Photograph every arrow, stop sign, and lane marking near the impact.
  • Take one wide photo that shows the store name, so the location is clear.
  • Note the row number or nearest light pole sign.
  • Get names and phone numbers of witnesses.
  • Look for cameras on poles and on the store front. Ask the store manager, the same day, how to request footage and who to send the request to.
  • Write down the time, the weather, and what each driver said.

If a police officer comes and writes a report, you can order it later. Our post on how to get your Dallas crash report walks through that.

Filing the claim

The Texas Department of Insurance tells drivers to report the wreck to the other driver’s insurer if that driver was at fault. If that insurer refuses or pays only part, you can file with your own company, which will try to recover the money, including your deductible (TDI).

When you claim on your own policy, Texas law sets deadlines for your insurer:

  1. Within 15 days of getting notice of the claim, it must acknowledge it, start investigating, and ask for what it needs (Tex. Ins. Code 542.055).
  2. Within 15 business days of getting everything it asked for, it must accept or reject the claim in writing, or explain why it needs more time (542.056).
  3. Within 5 business days of saying it will pay, it must pay (542.057).

Write down the date you report the claim and the adjuster’s name. If you have questions about how an insurer is handling it, TDI’s help line is 800-252-3439 (TDI).

When to talk to a lawyer

If someone was hurt, if the other insurer says you were more than half at fault, or if the store will not release footage, a lawyer can look at the evidence before positions harden. You can read how our car accident practice handles insurer disputes.

Book a case review

This article is general information, not legal advice. Laws change and every case is different. Reading it does not create an attorney-client relationship. For advice on your situation, book a case review.

Sources

  1. Texas Transportation Code 550.001, 550.022, 550.023, and 550.024. Checked .
  2. Texas Transportation Code 541.302. Checked .
  3. Texas Transportation Code 542.001. Checked .
  4. Texas Civil Practice and Remedies Code 33.001, 33.003, and 33.012. Checked .
  5. Texas Insurance Code 542.055 to 542.057. Checked .
  6. Texas Department of Insurance, What to do after a wreck. Checked .

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