Black Friday is November 27, and the holiday shopping season will fill store parking lots across New York. More cars backing out, more people walking between the rows, and darkness by late afternoon make for a risky mix (see our post on dark-evening crashes).
If you are hit by a car or hurt in a fall in a parking lot, you may wonder whether the usual rules apply on private property. In many ways, they do.
The Rules of the Road Apply in Parking Lots
New York's rules of the road "apply upon public highways, private roads open to public motor vehicle traffic and any other parking lot, except where a different place is specifically referred to in a given section" (Vehicle and Traffic Law § 1100(a)). The law defines a parking lot as private property connected with "one or more stores or business establishments" and used by the public to reach them and to park (Vehicle and Traffic Law § 129-b).
There is one exception. The rules on stop signs, traffic signals, and similar devices, and on one-way, stopping, standing, parking, and turning, apply in a parking lot "only when the legislative body of any city, village or town has adopted a local law, ordinance, rule or regulation ordering such signs, signals, devices, or regulations" (§ 1100(b)). Even where a painted stop sign has no legal force that could result in a traffic ticket or other summons, drivers still owe everyone in the lot reasonable care.
Backing Out and Pulling Out
Two rules matter when a car backs or pulls out of a space:
- "The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic" (Vehicle and Traffic Law § 1211(a)).
- "No person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety" (Vehicle and Traffic Law § 1162).
A driver leaving a lot for the street must yield too. The law requires a driver "about to enter or cross a roadway from any place other than another roadway" to "yield the right of way to all vehicles approaching on the roadway to be entered or crossed" (Vehicle and Traffic Law § 1143). Applying that rule, the Fourth Department held that a driver "entering the roadway from a parking lot" was required to yield to the other car, and granted the plaintiffs partial summary judgment on negligence (Kowalyk v Wal-Mart Stores, Inc., 187 AD3d 1539 [4th Dept 2020]).
People on Foot
Every driver "shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway" (Vehicle and Traffic Law § 1146(a)). In a 2023 case, a driver pulling into a parking lot struck a pedestrian crossing in front of the car. The Second Department noted that this was "a location in which it could be reasonably expected that a pedestrian might appear," held that the driver had failed to exercise due care, and affirmed summary judgment for the pedestrian (Thorpe v AutoZone, Inc., 212 AD3d 861 [2d Dept 2023]).
No-Fault Still Applies
A crash in a parking lot is still a motor vehicle accident. No-Fault coverage reaches "[p]ersons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle" (Insurance Law § 5103(a)(1)), which includes a shopper on foot. The usual No-Fault deadlines and the serious injury rules apply, and for cases started on or after May 26, 2026, so does the new bar on recovery when the injured person is more at fault than the person being sued, or than everyone being sued combined. Our post on New York's 2026 changes explains them.
If the driver leaves without stopping, see our post on hit-and-run injury claims, because short deadlines apply.
Potholes, Ice, and Dark Corners
Not every parking lot injury involves a car. A property owner, "or a party in possession or control of real property, has a duty to maintain the property in a reasonably safe condition" (Tomala v Islandia Expressway Realty, LLC, 216 AD3d 696 [2d Dept 2023]). In that case, involving ice in a commercial parking lot, the court explained that an owner seeking summary judgment must first show "that it neither created the allegedly dangerous or defective condition nor had actual or constructive notice of its existence." For snow and ice, see our post on the storm-in-progress rule.
Lighting is a more nuanced question. Landowners are generally not required "to illuminate their property during all hours of darkness," unless a hazardous condition or other circumstance calls for it. But in one case, the court held that defendants that had directed guests to use a rear parking lot as a smoking area "had a duty to provide adequate illumination" (Steed v MVA Enters., LLC, 136 AD3d 793 [2d Dept 2016]).
If the lot belongs to a town, village, or other public entity, a Notice of Claim is generally required within 90 days (General Municipal Law § 50-e(1)(a)), and other notice rules may apply.
What to Do After a Parking Lot Injury
- Get medical care, and follow your doctor's advice.
- Call the police if a car was involved, and get the report number.
- Take photos of the spot, the cars' positions, any pothole or ice, the lighting, and any signs or painted markings.
- Tell the store or property manager, and ask in writing that its video be kept. Video can be recorded over in a matter of weeks; see our Decision Day entry on Fernandez v Port Authority.
- Write down the names and phone numbers of witnesses.
- If a car was involved, give written notice of your No-Fault claim within 30 days of the accident (11 NYCRR 65-1.1). We suggest speaking to a lawyer before you file, because anything you write or say in your claim may be used against you if there is a lawsuit.
- Talk to a lawyer early, especially if the lot belongs to a public entity. In some circumstances, your time to act may be even shorter.
If you were hurt in a parking lot, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.
Questions about your own accident?
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