When exiting a parking space, drivers must yield right of way to passing vehicles and pedestrians. If they collide with a pedestrian or another vehicle while backing out, they will almost always be held accountable. There may be exceptions, such as when the oncoming vehicle was speeding or the pedestrian was particularly careless.
Vehicles that have been parked and are pulling out of a parking space do not have the right of way. They must yield to vehicles moving through the parking lot. They must also yield to pedestrians. However, parking lots are notorious for having a lot of activity. They are also densely packed with parked cars, resulting in poor visibility and numerous blind spots. This can make seeing oncoming traffic through the other parked cars difficult. Nonetheless, drivers backing out of a parking spot have a legal obligation to do so safely. They are usually liable if they hit another car or a pedestrian. They can be made to compensate the parking lot accident victim. There are, however, exceptions.
In a case involving an auto accident, disregarding certain driving regulations can serve as proof of negligence. The finding of negligence may significantly impact the assessment of responsibility for the incident. If the driver or pedestrian who was hit was acting inappropriately, their share of the blame may be greater than that of the driver pulling out of the parking spot. Their carelessness can manifest itself in a variety of ways, including:
The person hit by the car pulling out may have contributed to the accident in these cases. If they hire a car accident lawyer to file a personal injury lawsuit against the driver who pulled out, shared fault rules, such as comparative negligence, may reduce or eliminate their compensation.
Usually, both parties are at fault when two vehicles back out simultaneously in different directions and collide. If acceleration and impact were striking at high speeds, it is possible for both drivers to get injuries. However, injuries may vary. In any case, it is crucial to contact your attorney and find out if you are able to receive compensation for your loss. Those in parking spaces must yield to those in the main lanes, meaning the driver coming from the traffic flow has the right of way. In other words, the driver in the main lane has priority over individuals exiting parking spaces. On the traffic flow, alternatively, this hierarchy is based. When pulling out of a parking space, parked automobiles yield to moving vehicles. Moving cars in the main lane of traffic must yield to stationary vehicles during the time of traffic. All cars, however, have to stop for pedestrians. Parking lots are always one-way for pedestrians. They can still cause an accident, though, by acting inappropriately. In parking lots, there is a standard regulation for the speed restriction. This aims to give drivers ample time to brake and avoid an accident in a parking lot. Certain parking lots have their own right-of-way guidelines. These must be clearly visible on street signs or painted on the pavement. These might, for instance, lower the speed limit or change who gets the right of way. Parking lots can be especially dangerous for children and pedestrians. According to the National Highway Traffic Safety Administration, thousands of pedestrians are injured each year due to driver inattention and poor visibility in areas like parking lots.
Parking lot collisions happen frequently and can be incredibly serious. A tendency to drive while distracted in a parking lot is a major contributing factor to the large number of these accidents. Driving with any distraction can lead to serious or even fatal injuries, especially to vulnerable victims. Many victims in parking lot accidents are children. Because of their short height, even an attentive driver backing up from his or her parking spot is often unable to see young kids. Additionally, children frequently run through parking lots, making it difficult for drivers to predict their location. The family of the victim may bring a wrongful death claim if there has been a tragic parking lot collision involving a vehicle or a pedestrian. In order to obtain compensation from the party at fault if you were injured in a busy parking lot, you might think about creating an attorney-client relationship with a personal injury lawyer. If you have been involved in a collision in a parking lot, call Kaass Law at 310.943.1171.
When your property is damaged due to someone else’s actions, you have the right to seek compensation under California law. But timing is everything. If you wait too long, you may lose the opportunity to recover damages entirely. Understanding the legal timeline and how it applies to property damage claims is crucial for protecting your rights.
In this article, we’ll break down the types of property damage, relevant deadlines, and exceptions under the California Code of Civil Procedure. If you're facing a situation involving damage to your property, this guide will help you take the next step.
There are two main categories of property damage under California law:
This refers to damage involving land or anything permanently attached to it, such as:
For example, if someone drives a vehicle into your home or illegally builds on your land, it falls under real property damage.
This includes movable items not permanently affixed to land or structures. Common examples are:
If a neighbor backs into your car or someone intentionally smashes your laptop, this would be considered damage to personal property.
Under California Code of Civil Procedure Section 338, the law sets a clear deadline to file most property damage lawsuits. You typically have three years from the date the damage occurred.
Here’s how the statute applies:
This deadline applies regardless of whether the damage is part of a larger legal claim or an independent lawsuit.
If you attempt to file a lawsuit after the three-year statute of limitations has expired, the defendant will likely file a motion to dismiss your case. In most situations, the court will grant this dismissal, meaning you lose your right to recover compensation, unless a valid legal exception applies.
California law allows for certain situations in which the statute of limitations may be paused or tolled. Below are a few notable exceptions:
If the person responsible for the damage was out of California for part of the three-year period, the timeline may be paused. The statute doesn’t count the time the defendant was unreachable or absent from the state.
If you were under the age of 18 or were not legally capable of making decisions (due to illness or disability), the three-year period may not begin until you reach legal adulthood or recover mental competency.
Waiting too long to file your claim can lead to more than just the dismissal of your case. Evidence can disappear, memories fade, and witnesses may be harder to locate. Filing early helps preserve critical documentation such as:
The longer you delay, the harder it becomes to build a strong case.
If you're unsure whether the three-year deadline has passed—or whether an exception may apply—it's important to speak with a knowledgeable California attorney as soon as possible.
At KAASS LAW, our experienced legal team can review your case, determine applicable deadlines, and help you pursue the compensation you deserve. We offer legal services in Glendale, Los Angeles, and throughout California, handling both real estate and claims.
Learn more about our personal injury and civil litigation services
If your home, land, or personal items were damaged due to another person’s actions or negligence, you have a limited time to act. Under California Code of Civil Procedure Section 338, most lawsuits must be filed within three years. Missing the deadline could mean permanently losing your right to compensation.
Whether the damage was accidental or intentional, involving a neighbor, a driver, or a stranger, understanding your legal rights and the time limits is crucial. If you're in doubt about how much time you have left—or whether your case qualifies for an exception—reach out to a trusted California property damage lawyer today.
Call KAASS LAW at (310) 943-1171 for a free consultation about your property damage case.