Reviewed by Mike Redondo, Founding Attorney, Redondo Law, P.A. • Updated October 2026
Redondo Law helps people hurt in parking lot and parking garage crashes. That includes drivers hit by someone backing out, and people on foot who were struck while walking to a store, a hospital or their car. If it happened in Miami or anywhere in Miami-Dade County, a Miami car accident lawyer can help you find out who is responsible and which insurance pays.
The consultation is free, and you pay no fee unless we win. Our phones are answered 24/7, and our staff is fully bilingual (Se habla español). You can meet us at our office at 2828 Coral Way, by phone or by video. If you cannot travel, we come to you.
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Why parking lot accidents in Miami are not minor
People think of parking lot crashes as fender benders. Many are. But a car that backs into a person, or a driver who cuts across empty spaces at speed, can cause broken bones, head injuries and worse. Children and older adults are at special risk because they are hard to see behind a car.
Common causes include:
- Backing out without looking. Drivers rely on mirrors or cameras and miss people and cars behind them.
- Distraction. Drivers check phones, look for a space or set GPS while still moving.
- Speeding through lanes. Drivers cut diagonally across rows or race to a spot.
- Ignoring stop signs and arrows. Painted arrows and stop signs inside lots are often ignored.
- Poor visibility. Tall SUVs, pillars in garages, dark corners and afternoon rainstorms make it hard to see.
Who has the right of way in a parking lot?
Parking lots are usually private property, but drivers still must use reasonable care. In general:
- Traffic in the main lanes that lead in and out of the lot (often called thoroughfares) usually has priority over cars leaving a parking row or space.
- A driver pulling out of a space must wait until the lane is clear.
- Drivers must obey stop signs, yield signs and arrows posted in the lot.
- Drivers must watch for and yield to people walking, especially in marked crosswalks and near store entrances.
These are not strict rules that decide every case. Insurers and juries look at what each driver did and whether they acted with reasonable care.
Fault in backing crashes
A driver who backs out of a space has a duty to make sure the way is clear. When a backing car hits a car or person that was moving normally down the lane, the backing driver is often found mostly at fault. When two cars back into each other, fault is often shared.
The Florida rule on shared fault
Florida uses modified comparative negligence. If you are found more than 50% at fault, you generally recover nothing. At 50% or less, your recovery is reduced by your share. For example, in a hypothetical case where you are found 20% at fault, your recovery would be reduced by 20%. That is why evidence of exactly what happened matters so much.
Pedestrians hit by a car in a parking lot
Most people in a parking lot are on foot at some point. Being hit by a car, even at low speed, can knock a person to the pavement and cause a head injury, hip fracture or knee damage. A driver who is backing up, turning a corner or rushing to a space must watch for people walking.
If you were hit while walking, Florida PIP still applies. Your own PIP pays first. If you have none, a resident relative’s PIP may apply. If there is none, the PIP of the car that hit you may pay. Learn more on our pedestrian accident page.
When the property owner is liable
Sometimes the driver is not the only one at fault. Businesses and property owners must keep their lots and garages reasonably safe for visitors. A premises liability claim may apply when a dangerous condition helped cause the crash or injury, such as:
- Bad lighting that makes it hard to see people and cars at night or in a garage.
- Poor design, such as blind corners, confusing traffic flow, missing stop signs or crosswalks placed where drivers cannot see them.
- Faded paint and missing signs that leave drivers guessing which way traffic moves.
- Broken speed bumps, potholes and curbs that cause drivers to lose control or people to fall.
- Weak security where crime is foreseeable. If you were attacked or robbed in a lot or garage, read about negligent security claims.
If you tripped or fell in a lot, not a crash, see our slip and fall page. Property owner cases often add a second insurance policy, which matters when the driver has little coverage.
Garage and lot crashes across Miami-Dade
Shopping malls and retail centers
Large shopping malls and retail centers across Miami-Dade have huge surface lots and multi-level garages. Holiday seasons and weekends bring full lots, drivers circling for spaces and families walking between rows.
Grocery stores and big-box stores
Supermarket and big-box store lots are busy all day. Shoppers push carts across lanes, cars pull in and out of spaces near the doors, and delivery trucks park in fire lanes. Drivers often watch for open spaces instead of people.
Hospital and medical center garages
Hospital garages serve patients, visitors and staff who are often stressed or in a hurry. People walk with wheelchairs and walkers, and drivers search for spaces near the entrance.
Miami International Airport garages
The garages at Miami International Airport mix travelers with luggage, shuttles, rental cars and people picking up family. Drivers look at signs instead of the lane in front of them.
Police may not write a full report on private property
On private property, police response can be different. Officers may come only for crashes with injuries, or they may leave the drivers to exchange information. Some reports have less detail than a report from a crash on a public road.
Always call police if anyone is hurt. Ask for a report number. You can learn how to get a Miami-Dade crash report on our guide. If there is no full report, we build the record ourselves through photos, witnesses and video.
Getting video fast
Most stores, malls, hospitals and garages have cameras. Many systems record over old footage after a short time. If no one asks for it quickly, the strongest evidence of who caused the crash can be gone.
When you hire us, we send preservation letters right away to the property owner, the store and any security company. We also look for dashcam and doorbell video and witnesses. If the driver drove off, video may be the only way to identify them. Read about hit-and-run accidents and how your own uninsured motorist coverage can help.
What to do after a parking lot accident
- Call 911 if anyone is hurt, and ask for a police report.
- Take photos of the cars, their positions, the lane markings, signs, lighting and your injuries.
- Get the other driver’s name, license, plate and insurance.
- Get names and numbers of witnesses before they leave.
- Ask the store or property manager to save the video, and write down who you spoke to.
- See a doctor within 14 days so you keep your PIP benefits.
- Do not give a recorded statement to the other driver’s insurer.
Why work with Redondo Law
Mike Redondo is the firm’s only attorney, and Mike personally oversees every case. Before founding Redondo Law in 2019, Mike spent six years at Holland & Knight defending major corporations in catastrophic injury and wrongful death cases, so he knows how corporate defendants and their lawyers build a defense. When a property owner or a large store chain is involved, that experience helps. Learn more about Mike Redondo or see our case results.
Frequently asked questions
Who is at fault in a parking lot accident in Florida?
It depends on what each driver did. A driver backing out of a space or leaving a parking row usually must yield to traffic in the main lane. Drivers must also obey posted signs and watch for people walking. Fault is often shared, and Florida reduces your recovery by your share of fault.
What if both cars were backing up?
When two cars back into each other, both drivers often share fault. The details still matter: who started moving first, whether one car had stopped, and what the video shows. Under Florida law, you can recover as long as you are 50% or less at fault, reduced by your share.
Can I sue the store or property owner if I was hit by a car in a parking lot?
Sometimes. The driver who hit you is usually the main party at fault. But a property owner may share the blame if dark lighting, a blind corner, missing signs or a poor layout helped cause the crash. We inspect the lot and look at the design and lighting early.
Does PIP cover parking lot accidents?
Yes. Florida PIP pays up to $10,000, 80% of medical bills and 60% of lost wages, regardless of fault, including crashes on private property. You must get medical care within 14 days. If you were on foot, your own PIP applies first, then other policies in a set order.
The police would not write a report. Do I still have a claim?
Yes. A police report is helpful, but it is not required to make a claim. Photos, witness names, store video and your medical records can prove what happened. Report the crash to your insurer and ask the property owner to save its video right away.
How long do I have to file a parking lot accident claim?
For most negligence claims from incidents on or after March 24, 2023, Florida gives you two years to file a lawsuit. Video may be gone much sooner, so do not wait to act.
If you were hurt in a parking lot or garage crash anywhere in Miami-Dade, contact us or call (305) 908-6778. The consultation is free, and we answer 24/7.
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