Parking lots may seem less dangerous than busy roadways, but pedestrian accidents in these areas are more common than most people realize. With vehicles backing out of spaces, drivers distracted by searching for parking spots, and pedestrians walking between rows of cars, the risk of collisions is significant. When a pedestrian is hit in a Vermont parking lot, the immediate question becomes: who is responsible for covering the damages? The answer depends on the circumstances of the accident, state liability laws, and available insurance coverage.

Parking Lot Accidents and Liability in Vermont

Parking lot accidents fall under the same legal principles that govern other traffic incidents in Vermont. Drivers owe a duty of care to pedestrians, and pedestrians are also expected to act with reasonable caution. Because parking lots are considered private property, law enforcement may not always issue a traffic citation, but liability still matters when it comes to injury claims. Vermont follows a modified comparative negligence system, which means that both parties’ actions are examined to determine fault. If a pedestrian is found more than 50 percent responsible for causing the accident, they cannot recover compensation. If the pedestrian is less than 50 percent at fault, any award they receive will be reduced by their percentage of responsibility.

Driver Responsibility in Vermont Pedestrian Accidents

Duty of care in parking lots

Drivers in Vermont have a heightened duty of care when operating in parking lots because of the likelihood of pedestrian activity. Failing to yield, speeding in a lot, or driving while distracted can all result in liability. For example, if a driver backs out of a parking space without checking mirrors or blind spots and hits a pedestrian, the driver would likely bear most, if not all, of the fault.

Insurance coverage for driver-caused accidents

If the driver is determined to be at fault, their auto insurance policy typically covers the pedestrian’s medical expenses, lost wages, and other damages. Vermont requires drivers to carry liability insurance with minimums of $25,000 per person and $50,000 per accident for bodily injury. However, medical costs can quickly exceed these limits, leaving the pedestrian with financial gaps unless additional coverage applies.

Pedestrian Responsibility in Parking Lot Accidents

Negligence on the part of pedestrians

Pedestrians are also expected to act responsibly. Situations where a pedestrian may be partially liable include:

• Walking into the path of a moving vehicle while distracted by a phone
• Entering traffic outside of designated crosswalks or walkways
• Darting suddenly between cars, giving drivers no chance to react

In these cases, Vermont’s comparative negligence rules come into play, potentially reducing the pedestrian’s compensation if their actions contributed to the accident.

Health insurance and other coverage

If the pedestrian is partially at fault or the driver’s insurance is insufficient, the pedestrian may need to turn to their own health insurance or personal injury protection if available through their policy. Although Vermont is not a no-fault state, some drivers and pedestrians purchase optional coverage such as medical payments insurance (MedPay) to help with expenses regardless of fault.

Shared Liability in Vermont Parking Lot Accidents

Accidents often involve shared responsibility. For example, a driver might have been inattentive while reversing, but the pedestrian may also have been texting and not paying attention. In such cases, an insurance adjuster or court will assign percentages of fault to each party. If a pedestrian is awarded $100,000 but is deemed 20 percent at fault, their compensation would be reduced to $80,000. This system encourages fairness but also emphasizes the importance of evidence to establish liability.

Gathering Evidence After a Parking Lot Accident

Establishing fault in a parking lot pedestrian accident can be challenging without clear evidence. Unlike roadway accidents, parking lots may not have traffic cameras or police reports. To strengthen a claim, both drivers and pedestrians should consider:

• Photographs: Documenting the accident scene, including skid marks, vehicle positions, and lighting conditions.
• Witness statements: Gathering contact information from anyone who saw the incident.
• Surveillance footage: Many shopping centers and businesses have security cameras that may have captured the accident.
• Medical records: Immediate medical evaluation creates a record linking the injuries directly to the accident.

The stronger the evidence, the easier it is to establish liability and recover fair compensation.

Insurance and Compensation Options for Vermont Pedestrians

Filing a claim against the driver

When the driver is clearly at fault, the pedestrian’s primary option is to file a claim against the driver’s liability insurance. Compensation may include medical bills, lost income, pain and suffering, and other damages.

Uninsured or underinsured motorist coverage

If the at-fault driver lacks sufficient coverage, the pedestrian may be able to file under their own uninsured/underinsured motorist policy. This type of coverage is optional in Vermont but highly recommended, as it protects victims when the driver cannot pay.

Workers’ compensation in employment-related accidents

If a pedestrian was injured in a parking lot while performing work duties, such as walking to or from their job site, workers’ compensation might provide benefits. This can include coverage for medical care, partial wage replacement, and rehabilitation costs, regardless of fault.

Preventing Parking Lot Accidents

While determining liability is important after an accident, prevention remains the best strategy. Both drivers and pedestrians can reduce risks by:

• Driving slowly and cautiously in parking lots
• Checking mirrors and blind spots before reversing
• Using designated walkways and crosswalks whenever possible
• Avoiding distractions such as texting or calling while walking or driving

Businesses also play a role by ensuring their parking lots are well-lit, marked with clear signage, and maintained to minimize hazards.

Conclusion

Parking lot pedestrian accidents in Vermont raise complex questions about responsibility and compensation. Liability may fall on the driver, the pedestrian, or both, depending on the circumstances. Vermont’s comparative negligence system means that every detail of the accident matters in determining how damages are paid. For pedestrians, recovery may involve the driver’s liability insurance, personal insurance policies, or even workers’ compensation in certain cases. Drivers, on the other hand, must recognize their duty of care and the serious financial consequences of negligence. Ultimately, both parties share a responsibility to remain alert and cautious in parking lots to prevent these often-serious accidents.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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