Who’s at fault in a parking lot car accident? Here’s what Kansas, Missouri law says
As Kansas Citians head out to shopping malls to get their last-second Christmas gifts, the parking lots and roads are going to be full of cars in a rush.
The mashup of panicking shoppers and crowded parking lots can lead to quite a few traffic accidents right before the holiday. If an accident happens in a parking lot, who is responsible for damages or injuries?
Here is what Kansas and Missouri law says on parking lot accidents.
Who is at fault for parking lot accidents?
Kansas
Kansas is a no-fault state, which means that your own insurance policy will pay your medical bills and certain other losses if you are injured in a car accident, regardless of who caused the crash, according to the Kansas-based traffic law firm Warner Law Offices’ website.
Here are some common parking lot accidents, according to Warner Law:
- A driver backs out of a parking spot and into a moving car.
- A driver crashes head-on into another moving car.
- A driver T-bones another car, meaning the front of one car hits the side of another vehicle.
- A driver hits a parked car in a parking garage.
- A driver is hit by a car that is cutting through parking spaces.
While Kansas is a no-fault state, you can get compensated from the at-fault driver if your medical treatment is valued at $2,000 or more, or if your injury includes one of the following, according to Warner Law:
- A fracture to a weight-bearing bone.
- A compound, comminuted, displaced or compressed fracture.
- Loss of a body part.
Permanent disfigurement.
- Permanent injury within reasonable medical probability.
- Permanent loss of a bodily function.
- Death.
Missouri
Missouri is an at-fault state, which means that the person who is at fault for the accident is liable for any injuries or loss that follow.
Who is at fault when an accident happens in a parking lot? It depends on a few factors, according to Kansas City-based attorneys House Law:
- If it involves an improperly parked vehicle? The person who owns the parked vehicle could be found partially or fully liable.
- If a crash involves a car trying to back out of a parking spot? The person backing out is at fault since they must wait until the traffic they are entering is clear.
- If two cars back into each other? They could both be found liable.
- If an accident is caused by improperly designed property features like signs with wrong directions? The owner of the lot can be found liable.
What if you hit a parked car in a parking lot?
You will need to report that you hit a parked car to the police. If you don’t, you can be charged with a hit-and-run, according to both Kansas and Missouri law.
If you do hit a parked car in a parking lot, here’s what you need to do, according to Kansas City-based law firm Kevin McManus Law:
- Find the operator or owner of the vehicle and give that person the name and address of the operator and the owner of the vehicle that hit the car.
- Take pictures of the damage.
- Talk to anyone who was around the scene and get their names and statements on what they saw.
- Leave a note with the name and address of the driver and owner of the car that hit their car. The note should also include what led to the collision.
Drivers in Kansas have a duty to give information, such as the driver’s name, address and the registration number after an accident, according to Kansas statute 8-1604. If they don’t and they leave the scene, they can be charged with a class A misdemeanor if the damage is under $1,000.
If the damage costs more than $1,000 or the accident causes a serious injury or death to a person in the other vehicle, then they can be charged with a level, 5, 6 or 8 felony, according to Kansas statute 8-1602.
The offense of leaving the scene of an accident in Missouri is a class A misdemeanor or a class E felony if the following occurs, according to Missouri statute 577.060:
- Physical injury was caused to another party
- Over $1,000 in damage was caused to the property
- The driver had previously been found guilty of any offense in violation of section 577.060
