Legal Question in Traffic Law in Florida

Who has the right of way in parking lots?

My husband and I have an ongoing disagreement about which cars have the right of way in parking lots. If a car is backing out of a spot (while no one is approaching), then all of a sudden a car comes zipping along; who has to stop? I say the car pulling out of the spot has the right of way, and my husband thinks the other car does. I mean, how can you have a parking lot and expect to be able to back out without someone hitting you? My husband frequently just zips around them and blares his horn, which makes me quite mad. Please help us!


Asked on 3/01/09, 11:14 am

1 Answer from Attorneys
Mark Hanks Attorney Hanks, P.A.

Re: Who has the right of way in parking lots?

Anyone backing up is going to have to yield to any other driver, so the person driving through the lot, would have the right of way. That doesn't mean that someone whipping around a parking lot cannot be negligent as well in a personal injury or property damage lawsuit, but the driver backing up will end up with the traffic citation, as he needs to make sure it is safe to reverse, before doing so.

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Answered on 3/01/09, 7:50 pm


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