Key Highlights:
- An experienced South Carolina parking lot accident lawyer will first obtain surveillance video to ensure that evidence cannot be destroyed.
- It is very difficult to ascertain exactly do traffic laws apply in parking lots, since all the regular traffic laws become inapplicable once on private property.
- A strong case demands immediate, independent investigation in order to establish liability before any evidence vanishes.
- Your case will be hindered by insurance companies who try to place 51% of liability on you.
- In many cases, filing a written report within 15 days is a legal necessity if the police do not conduct an investigation.
Parking lot collisions? No problem! The whole world views them as trivial problems. Until severe physical trauma takes place, that is. The complications arise immediately after the crash.
For example, policemen refuse to make any report on parking accidents involving no injuries on privately owned property. Witnesses simply disappear, while the other side tells an entirely different story. Caught in this evidence black hole, the insurance adjusters just adore suggesting a 50-50 fault allocation to take advantage of the lack of evidence.
But at Shelly Leeke Law Firm, we have a very experienced South Carolina car accident claims attorney who truly understands the oddities of these kinds of cases. We have been dealing with them since 2007.
We represent clients throughout South Carolina in complicated liability claims. Were you hurt in an accident with a backing vehicle? Injured due to a hidden hazard on a commercial property? Involved in a high-speed collision in a municipal parking lot?
Whether one looks at it from any angle, having a parking lot accident attorney South Carolina becomes extremely crucial in dealing with these difficult statutory hurdles. We analyze these chaotic cases completely free of charge. When one runs their business on a contingency fee basis, it simply means that no fees for the lawyer will be charged unless a financial recovery has been made.
Why Parking Lot Accidents in South Carolina Require Special Considerations
The legislative framework regarding the regulation of vehicular movements in South Carolina exists within the Uniform Act Regulating Traffic on Highways. This title literally describes the scope of the law.
Geographical Restrictions of Traffic Regulations
According to S.C. Code § 56-5-20, only the provisions of the traffic chapter that relate to the operation of vehicles concern their operation on public highways.
There are only two exceptions to this geographical restriction of traffic laws:
- The first exception occurs if a certain section specifically designates another area for such regulations.
- The second one applies when provisions of Articles 9 and 23 apply.
“…as those articles apply upon highways and elsewhere throughout the State.”
Article 9 deals with obligations regarding accidents and accident reporting. Article 23 discusses the criminal offense of driving under the influence. These strict limitations of the statutory framework will dictate the way you build your South Carolina parking lot accident claim.
Why Traffic Law Violation Does Not Work as Proof
Think of the public roadways. A driver tailgates, disregards the right-of-way rule, performs an excessively dangerous maneuver when switching lanes. He has clearly broken some of the traffic laws established by the state. In a civil case, this statutory breach becomes incredibly strong proof of negligence per se.
However, private parking lots require a different approach. Due to the fact that they are generally exempt from such laws, a legal practitioner will not be able to use a violation of a traffic statute as a way to prove negligence on the part of a defendant.
Exemption from the applicability of statutes does not relieve people of liability. It moves all of the burden of proving the case to ordinary negligence. In other words, the legal question turns into the following one; was a person acting reasonably?
Mandatory Duty to Stop
Despite the restrictions that are imposed on the rules of the road, Article 9 is applicable everywhere without any exceptions. It covers both public roads and all private property within state boundaries. Thus, a person who gets involved in a parking lot accident has definite obligations.
- First, he needs to stop his car immediately.
- Secondly, he needs to offer reasonable assistance in case someone is hurt.
- Thirdly, he needs to provide identification and insurance information.
Driving away after a private property accident is considered a criminal violation. Leaving a parking lot accident does not give you any opportunity to escape.
Driving Under The Influence Restrictions Are Everywhere
Thanks to the exemption from the highway restriction of Article 23, the state may charge a person with DUI in a private commercial lot or parking garage of a municipality.
An intoxicated condition, which led to a parking lot collision, significantly changes the complexion of the civil case. Of course, it leads to criminal charges, but there is also a possibility of imposing punitive damages on you.
So Who Is Responsible In A Parking Lot Accident?
In the absence of traffic laws and a final police report, such cases hinge entirely on the preservation of extremely perishable physical evidence. It takes a thorough investigation to determine exactly who is at fault in a parking lot accident.
Engaging a South Carolina parking lot accident lawyer allows you to mobilize an investigative effort to the accident site immediately. In addition, a professional parking lot accident lawyer SC knows that the burden of proof necessary to avoid a defense motion for summary judgment is exceedingly favorable.
Even preserving just one tiny piece of objective evidence will successfully force the insurance company to take your case seriously.
Critical Evidentiary Factors
- Surveillance Video Evidence: Video footage constitutes the single most valuable resource in non-traffic collisions.
- Photographic Evidence: Photographs taken prior to the movement of the cars can provide valuable information. Final resting positions of each car, angle of damage, painted lane lines, and directional signs must all be documented in photos.
- Patterns of Vehicle Damage: Often, the drivers’ stories are at odds with each other. One driver says he was stationary, the other says there was an unexpected lane change. The location and direction of impact will usually reveal the truth.
- Witness Testimony: Objective eyewitness testimony provided by uninvolved shoppers, retail employees, and delivery drivers. This avoids the bias that is intrinsic to the drivers’ testimonies.
- Automobile Telematics (EDR): Modern cars are equipped with Event Data Recorders. These record pre-accident speed, brake activity, steering input, and gear selection.
Visualization of Data
The most common causes of disputed lot collisions include:
██████████ 45% Backing Out Blindly
██████ 30% Violation of Right of Way
███ 15% Excessive Speed While Changing Lanes
██ 10% Visibility Obstructions
The 51% Rule in South Carolina
The theory of comparative negligence is the major approach for settling the parking lot cases in question. This is precisely why insurance companies strive so hard to spread the story of contributory negligence to victims of accidents.
Modified Comparative Negligence In South Carolina
The state of South Carolina applies modified comparative negligence. The Supreme Court of the State adopted it in the case of Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991).
According to South Carolina comparative negligence 51%, the person filing for financial compensation can get it only when his share of fault in the accident is less than 50%. Whatever percent of fault has been assigned to the plaintiff, it will be subtracted from his total award. If the percent is 51% or greater, the claim will be denied.
Plaintiff’s Total Damages |
Fault Assigned to Plaintiff |
Statutory Recovery Reduction |
Final Compensatory Award |
| $100,000 | 0% | $0 | $100,000 |
| $100,000 | 20% | $20,000 | $80,000 |
| $100,000 | 50% | $50,000 | $50,000 |
| $100,000 | 51% | Total Bar to Recovery | $0 |
One mere percentage point is what creates the vast distinction between receiving fifty thousand dollars in much-needed medical coverage and getting nada. Considering the situation of a parking lot accident, this 51 percent cliff is precisely what the insurance adjuster is trying to reach when saying that you were at fault in any way.
If you want more details regarding how insurance adjusters work with percentages, feel free to read our article about how insurance adjusters evaluate injury cases.
When The Property Owner Is At Fault
It is important to note that liability in a parking lot injury case is not limited to just the operators of the involved vehicles. More often than not, the actual condition, design, or lack of security in the facility leads to the injury.
In these cases, there would be a premises liability parking lot case filed against the owner or operator of the property.
Duty Of Care
A property owner in South Carolina owes a very high duty of care to anyone who enters his or her property for business purposes (invitees). An owner must keep the premises in a reasonably safe condition and warn guests about any defects that may be present but not easily visible to the naked eye.
A highly skilled parking garage accident lawyer will investigate the facilities for any defects that violate this duty of reasonable care. These would include:
- Insufficient lighting parking lot injury: Lack of proper illumination in underground garages or large shopping lots at night can make people and obstacles invisible to visitors.
- Defective Traffic Design: Outdated lane markings, absence of stop bars, and the lack of traffic indicators force drivers to guess the intended route.
- Blind Spots: Overgrown landscaping, improperly placed commercial trash cans, or oversized delivery trucks parked too close to exit points can make drivers blind to approaching traffic.
- Negligent security parking lot: A case where an owner was negligent in providing adequate security despite the likelihood of crime taking place. This may consist of theft, assault, or robbery.
- Others: Potholes, uneven surfaces, broken curbing, and wheel stops placed where pedestrians walk. Missing or damaged pedestrian crossings and safety bollards at store entrances. Standing water, ice, or accumulated debris where the owner knew or should have known about it.
More details about these claims can be found on our South Carolina premises liability page.
South Carolina Tort Claims Act
However, in cases when the parking lot in question is owned or controlled by a governmental entity, like a city-owned parking garage in downtown Charleston or one belonging to a state university, the legal situation will be very different. Such claims will fall under the South Carolina Tort Claims Act (SCTCA).
“No person shall recover in any action or claim brought hereunder a sum exceeding three hundred thousand dollars…”
Under S.C. Code § 34-3-120, total recovery against any government entity is limited to a hard cap of $300,000 per person and $600,000 per occurrence.
Pedestrian Accidents And Backing Collisions
Parking lots have emerged as something of an anomaly in traffic engineering. They are one of the few places where large motorized vehicles and vulnerable pedestrians share the exact same space without the intervention of elevated sidewalks, curbs, or protective bollards.
The Extent of Harm to Non-Occupants
If a pedestrian gets hit by a reversing vehicle in a parking lot pedestrian accident, the pedestrian will be subjected to the impact force of the multi-ton vehicle directly against their body. Even when moving slowly enough for reverse gear, the collisions tend to cause shattered pelvises, spinal cord injuries, and broken skulls caused by a second impact with the road surface.
Assessing the long-term effects of such injuries often calls for an expert in catastrophic injury or traumatic brain injury evaluations.
Proving Reversing Negligence
In such cases, it takes a seasoned backing accident lawyer South Carolina to show that the driver who was reversing did not use mirrors or a video feed from their cameras, did not check their blind spots, or did not move at a safe speed before starting the reverse movement.
For extensive information on non-occupant accidents, see our pedestrian accident page.
Parking Lot Accident Report Procedure And 15 Days Law
Since most municipal police departments have a policy that prevents officers from responding to private property collisions where there are no injuries, motorists are often left to deal with the aftermath of an accident alone. Municipal policies concerning response to private property collisions vary greatly throughout the state of South Carolina.
FR-309 Report Obligation
Nevertheless, the fact that there will be no involvement of law enforcement officials in no way absolves you of your duty to make a report according to law.
According to S.C. Code § 56-5-1270, if a collision involves any bodily injury, death, or property damage in an amount of $1,000 or more, and the accident was not reported to any law enforcement official, then the operator or owner of the vehicle shall be obliged to send a written report of the accident to the South Carolina DMV within 15 days.
The formal name of this obligatory report is the FR-309 SCDMV accident report.
Failure to submit the report within the specified period of 15 days can lead to serious consequences. In particular, according to the law, the failure to file the FR-309 SCDMV report constitutes prima facie evidence of an uninsured motor vehicle.
Insurance That Covers The Accident of SC
The recovery process that would follow after a parking lot accident is directly tied to the insurance available and the maximum limits covered by those insurance policies. These are non-traffic accidents and are handled in the very same way as high-speed accidents on the highways.
Minimum Liability Limits
According to S.C. Code § 38-77-140, all automobile insurance policies sold in South Carolina have a mandatory minimum liability limit.
Uninsured Motorist Claim
Moreover, uninsured motorist coverage is mandatory in the state and is not optional for the purchaser (§ 38-77-150).
Making a filing of an uninsured motorist claim SC becomes especially crucial when considering the situation of a parking lot accident. This is because these places are popular locations for hit-and-runs involving both property damage and bodily injury accidents. When you are hit by someone who takes off and stays anonymous, you have to pursue compensation through your own insurance with a “John Doe” lawsuit.
What Can Be Recovered in a South Carolina Parking Lot Accident
Anyone who brings forward a civil suit for their injuries in a parking lot would recover a wide array of damages. The severity of your injury determines the value of your claim, which should be well-documented through proper treatment.
Damage Category |
Scope of Financial Recovery |
| Medical Expenses | Emergency transport, surgical intervention, diagnostic imaging, physical therapy, and prescription medications. |
| Future Medical Care | Anticipated long-term treatment, future surgeries, rehabilitation, and necessary medical equipment. |
| Lost Wages | Immediate income lost during the period you are medically restricted from returning to work. |
| Loss of Earning Capacity | The long-term or permanent reduction in your ability to earn income due to physical impairment. |
| Property Damage | The actual cash value of a totaled vehicle, or the comprehensive costs of structural repair, alongside damaged personal property. |
| Pain and Suffering | Compensation for the subjective physical agony endured during the trauma and subsequent recovery. |
Statutory Cap on Punitive Damages
Where the culpable conduct rises above the level of negligence and includes such situations as a drunk driving case, punitive damages can be sought. The statute on punitive damages of South Carolina is set out in § 15-32-530 and is strictly hierarchical.
How Long You Have to File a Claim in South Carolina
Strict time frames for filing a claim, also called statutes of limitations, apply to the legal right to pursue civil damages. If these time frames are missed, the claim is legally barred.
Statute of Limitations for Personal Injury Claim
According to S.C. Code § 15-3-530(5), the regular South Carolina statute of limitations personal injury mandates filing the lawsuit within exactly three years after the date of injury.
Claim Scenario |
Statutory Filing Deadline |
| Standard Private Lot Injury | 3 years from the date of the injury. |
| Wrongful Death Claim | 3 years from the date of the victim’s death. |
| Government-Owned Parking Lot | 2 years under the state Tort Claims Act. |
Whereas the statute of limitations period of three years may constitute the legal limit, it should never be relied upon as part of the working strategy. In cases of accidents in parking lots, the time frame for saving the case is counted in days, not in years.
The delay in starting the process of legal representation will result in the permanent loss of physical evidence proving liability.
About Attorney Shelly Leeke
Attorney Shelly M. Leeke established the Shelly Leeke Law Firm in 2007. With over two decades of experience, she has helped accident victims all over the state in getting justice.
She earned her Juris Doctor degree cum laude from Tulane University Law School. Prior to establishing her own firm, she had the valuable experience of protecting the interests of insurance firms, which made her an exceptional attorney.
Attorney Shelly Leeke is the author of The South Carolina Accident Book. It guides residents in filing accident claims. To know more about her professional profile, visit her LinkedIn page.
Contact a Parking Lot Accident Attorney in South Carolina
It is imperative to deal with evidentiary shortages, tough insurance defenses, and complicated laws to resolve the case.
It becomes imperative for a lawyer to collect transient surveillance evidence very soon. There is no help from a police report in reconstructing the physical impact. Moreover, there is a need to audit the insurance policy.
If you got injured in any shopping mall in Greenville, parking garage in Charleston, or grocery store in Columbia, Shelly Leeke Law Firm offers free consultation on all cases. Locate the nearest location for an appointment, or book a free appointment now online.
Contact a parking lot accident attorney South Carolina right away. Allow a trusted South Carolina parking lot accident lawyer to work on your case. We are available 24/7 at (843) 604-3273.
Frequently Asked Questions!
What does a parking lot accident lawyer cost in South Carolina?
We don’t charge any money up front. We are on contingency, charging a percentage of your total settlement. If there is no monetary award, then you owe nothing for your legal fees.
How long will a parking lot injury claim take?
The schedule is set by how well you heal. Any ethical lawyer will hold off on suing until your treatment is complete or you have reached maximum medical improvement.
Someone hit my car in a parking lot and drove off. What now?
Get in touch with the cops right away. Protecting your hit and run parking lot South Carolina claim needs swift steps. Then, make an uninsured motorist claim SC on your insurance policy.
How do I get the store’s parking lot security camera footage?
The parking lot security camera footage must be preserved urgently. Please ask the manager to preserve the video immediately and then send the preservation letter immediately.
Exactly who pays medical bills after an accident SC?
Wondering: Who pays medical bills after an accident SC? The insurer at fault will not pay anything before reaching a resolution. In the meantime, make use of your personal medical insurance, Medicare, Medicaid, or your Medical Payments policy.
