Who is at fault in a car park accident in Australia?

Car park accident claims in Brisbane & the Gold Coast, QLD

Car parks are busy and dangerous places, especially during peak shopping times, such as weekends and at school holidays. However, accidents can occur at any time and the personal injuries suffered by a victim of a vehicle collision can be painful and severe.

Are you a driver, passenger or pedestrian who has been injured in a car accident in a private car park, public parking lot, or anywhere else where you have parked your vehicle?

Our experienced personal injury lawyers can assist you with personal injury and car park accident law, information and support. Speak to us to find out if you are eligible for compensation.

Injury from a car park accident: Who is at fault?

A parking lot accident can occur for so many reasons, from a distracted driver, speeding, and even poor car parking signage.

Have you experienced an injury from an accident in a car park when reversing? Perhaps your accident has involved a pedestrian or was it a high-impact collision with you as the driver that has left you hurt. Did your accident cause damage to others, a parked car or the infrastructure surrounding the parking spot?

You may be eligible for compensation for the personal injury that occurred as a result of the car accident.

However, be aware that there may be time limits for making a claim. Don’t delay or get lost in the sea of complexities surrounding a parking lot accident when you could be eligible for compensation.  There is no cost to give us a call, to chat with you, or send an email to us.

What should I do if I am struck by a motor vehicle in a car park?

Accidents between pedestrians and motor vehicles are common in high traffic areas, such as a parking lot.

Whether you are the driver, passenger or pedestrian, compensation will be based on such things as your income, pain and suffering, lost future earning capacity, paid and unpaid care, loss of enjoyment of life,  additional medical expenses and the other financial losses that apply in your case.

You may also be entitled to claim compensation through your superannuation as a Total and permanent disability (‘TPD) claim. The Personal Injury Lawyers can help you get the maximum compensation you will need for recovery.

Complexities of car park injury claims

Car drivers, passengers, and pedestrians have a duty of care to others.

However, there is a difference between negligence where someone is injured versus simple car accidents in the car park where the damage is minimal.

Those people who cause car lot traffic accidents as a result of their negligence can find the law is complex when dealing with a negligence case. The law of negligence has been developed over many decades in the courts of law. The law examines:

  1. Duty of care owed by the at-fault party to the injured party;
  2. That duty of care has been breached by the actions of the at-fault party or their failure to act; and
  3. The breach of duty of care by the at-fault party has resulted in the loss and damage claimed by the injured party.

What does this mean for you when working out who is at fault and even if so, if you can still make a personal injury claim?  It means you need experienced legal advice to help you work through what looks like complex law so that you have a full understanding of whether you can make a claim.

The Personal Injury Lawyers are Brisbane & Gold Coast-based legal experts servicing all of Queensland are here to offer compensation claim help.

It’s not only a driver who has a duty of care and who can be held liable for a parking lot car accident.

While many think that people who are on foot are usually the victims of motor vehicle collisions,  pedestrians can also be responsible for car park accidents caused by their negligence.

The reason is that pedestrians also have a duty of care. That means a person who is not in a vehicle but moving near the parking space can also be held liable for an accident if they are found to be negligent.

There are many instances where pedestrians have resulted in injuries such as damage to cars and injuries to others. Stepping into oncoming traffic even at slow speeds puts a pedestrian in danger but also prompts evasive action by the driver, which can cause accidents.

Parking lot operators have a responsibility to ensure signs and equipment are in good working order to prevent accidents and to give clear directions to the people who use their facility.  Accidents occur when there are hazards that have not been removed, where signage for car parking spots is defective and in need of repair or the signage is confusing.

Owners or operators have a legal obligation to ensure proper signage is in working order in every car park they operate.

Passengers have a duty of care to act appropriately in the car to avoid having an accident.

However, there are instances where they are blocking the view of a driver, opening doors and even distracting the driver’s attention. All of these are a serious risk to a driver and it can cause an accident., particularly in a busy car park.

How much compensation can I get for my car park injury?

You’re welcome at any time to contact us for a personalised free claim assessment that is tailored to your individual situation. You can also use our compensation calculator to gain an indication of how much compensation you may be due.

How do you determine who is at fault?

The amount of compensation for a car crash that you receive, even when it’s in a private or public car park, is dependent on whether you are considered at fault or not.

You may be able to seek compensation for injuries sustained in the accident. If you are found to be at fault you can still seek compensation, even if it is likely the amount you receive will be less.

It is always a good idea to consult with a legal expert on what your best course of action is. The Personal Injury Lawyers have years of providing information, advice, and support on these matters

You’ve nothing to lose with our no win no fee guarantee. If we don’t win, you don’t pay our professional fees.

If you are injured, you may need to rely on sick leave and Centrelink benefits, Medicare and the public health system because your body has suffered such pain and injury from the damage received in the accident that you can’t work.

If you have suffered a serious personal injury and your car accident occurred on or after 1 July 2016, you may be able to access treatment, care and support through the National Injury Insurance Scheme Queensland.

In Australia, most injuries are covered under CTP policies and under the law, such as at-fault driver cover for serious injuries or death.

This area of compensation law can be complex, particularly when no one has been found at fault. However, you are not alone. If you are looking for the best-rated compensation lawyers in Brisbane, the Gold Coast, or anywhere in QLD, then contact us today.

Reverse parking accidents or incidents when a vehicle is backing up and collides with people or another vehicle are common in parking lots and are often the cause of injuries to drivers, passengers and pedestrians.

Many people assume the driver who was backing up at the time is mostly at fault in a car accident. In some car accidents lawsuits and injuries claims, liability may lie with the other driver. However, this is not always the case. Not all accidents are clear as to who is at fault without the best legal advice to assist guide you through what is a complex law.

There may be conflicting stories of what happened, or two or more parties may share liability. People do not always anticipate that another car will be reversing. Each driver and pedestrian will have their own perception of time, distance, and the sequence of events leading up to parking lot accidents where people are hurt.

Anyone in a car park accident who is at fault will most likely look to move or share the blame, which further complicates what could be a clear-cut case of negligence.

If you’ve suffered an injury due to the negligent act or omission of another in a car park, let our expert compensation lawyers see if they can help.

As leading personal injury lawyers in Queensland, we have Accredited Specialists in Personal Injuries Law who can work through the complexities and provide you with solid legal advice.

Filing a car accident claim

The Personal Injury Lawyers have a team of accident injury lawyers who specialise in car parks, motor vehicles, and pedestrian injury claims. These professionals will guide you through the legal processes involved in such claims.

Start by working out if you are eligible for compensation by speaking to us. There is no cost for the call or to speak to our lawyers, and you’re under no obligation.

How to support your personal injury claim

What you do immediately after your accident can assist or hinder your personal injury claim.

Firstly, don’t pull away and leave the scene after a parking lot accident without doing the following things:

  • Exchange insurance information, including the vehicle’s registration number.  In this way, you also receive the contact details and information of the other parties involved.

  • Take photos of the scene, the damage, and most importantly, your own injuries.

  • Gather witness statements, where possible.

  • If you have been injured by a hit-and-run driver within the car park, then call the police immediately. Police have broad powers and the ability to access available CCTV of any parking lot accidents and other incidents on the premises.

  • If you are injured, then seek medical advice as soon as possible to have a professional document your pain and suffering.


While all of the above will assist when you make a claim for personal injury,  you will need trusted legal advice to know if you are eligible and be guided through the process.

Get in touch with us for advice to assess your claim if you have suffered a personal injury, no matter if you were the driver, passenger or pedestrian.

Car park injuries a common pain in the neck

Neck injuries are commonly seen in car park accidents and are among the most common injuries.  This is common with most motor vehicle accidents, where the soft tissues around the fragile neck area is injured through whiplash and other jolts. The long-term effects of whiplash can be debilitating, so it is important to seek compensation if you have received a serious neck injury in a car accident.

If you want to know what the minimum compensation for whiplash is that you could receive and how to claim what you will need, then there is a tool you can use. Try our whiplash injury settlement calculator as a guide. If you are after legal advice on whether you can claim compensation, then contact us to walk through the finer points on a no win no fee basis.

You can also learn more about other compensation claims with the legal advice you will receive from our expert motor vehicle accident lawyers. Don’t hesitate to contact our experienced car accident injury lawyers to speak with a specialist about compensation payouts.

Is my claim worth it?

If you are not sure if your compensation claim is worthwhile contact us and we will help assess your needs and eligibility for our no-win no-fee service.

From motor vehicle accidents and whiplash compensation claims to public liability claims — if you’ve suffered an injury due to the negligent act or omission of another, we can likely help.

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No win no fee guaranteed, plus it pays for your injury expenses

You’ve nothing to lose with our no win no fee guarantee, if we don’t win, you don’t pay our professional fees

Our guarantee quickly pays for all outlays and associated claim expenses and you get access to the help you need

With The Personal Injury Lawyers, your car park accident injury claim is in great hands

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As long established personal injury lawyers, we can help with Queensland motor vehicle accident claims, WorkCover compensation claims and many more claim services. We also offer Australia wide support to help you with your TPD super claim. Try our fast, free TPD compensation payout checker below.