Car Accidents in Privately Owned Parking Lots and Privately Owned Premises
No. The Virginia Supreme Court has written that governmental regulations or road rules have no application in lawsuits involving car accidents in privately owned parking lots and on other privately owned premises. Instead, statutory laws of the road apply only to the operation of cars and other motor vehicles on public streets and highways.
The duty to exercise ordinary care
However, a person operating a car or other motor vehicle in a parking lot does have a duty to exercise ordinary care because of the circumstances, meaning the degree of care that an ordinary, careful person would exercise under the same or similar circumstances.
The duty to exercise ordinary care includes but is not limited to the duty to maintain a proper lookout. This means the driver must use ordinary care to look in all directions for vehicles, persons, and conditions that would affect his or her driving, see what a reasonable person would see, and react as a reasonable person would avoid a collision.
Statutory rules, according to the Virginia Supreme Court
Furthermore, according to the Virginia Supreme Court, statutory rules regarding the operation of cars and other motor vehicles on public roads may indicate a desirable degree of care in operating such vehicles in privately owned parking lots and other privately owned premises, even though the statutory rules of the road are not binding.
Given the circumstances, whether the driver of a car or other motor vehicle in a parking lot has violated his or her duty to exercise ordinary care is specific to the facts of the individual case.
Injured in a parking lot accident, either as an occupant of a vehicle or as a pedestrian
A person hurt in a parking lot accident, either as an occupant of a vehicle or as a pedestrian, should consult one of our personal injury lawyers in Virginia Beach regarding his or her potential personal injury claim.
We can advise the injured person as to the applicable law governing the accident, the value of the personal injury claim, the proper approach for making a claim to the insurance company, and the proper handling of a personal injury lawsuit if the filing of a lawsuit becomes necessary.
Related Injury Law FAQ’s
Do the statutory rules of the road apply to the operation of cars in privately owned parking lots?
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