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Who has the right of way in parking lot pedestrian accidents?


In this situation you are dealing with a foreseeability issue.

You have a situation where both pedestrians and drivers are on notice of each other. I think it makes for a more shared liability scenario. On the one hand drivers have to be careful because they know there is no reason to be using excessive speeds or turning recklessly around corners of the parking lots where pedestrian traffic is expected. On the other hand, pedestrians cannot just assume that drivers are going to be safe. They have to take care and keep a lookout for their own safety. In these scenarios liability will probably favor the pedestrian, simply because the driver is the person in the best position to prevent the harm and he or she is operating the vehicle that causes the damage.