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Who’s liable for parking lot accidents involving illegal parking, speeding, and pulling out blindly?

Parking spaces seem like legal vacuums. They are narrow and confusing, requiring shunting maneuvers. However, if a crash occurs, liability is rarely clear-cut.

Three recent court cases shed light on who is at fault. The cases cover driving too fast, reckless parking, and careless exiting.

Consideration is the guiding principle.

District Court of Munich: Even self-parking vehicles can be held responsible.

A driver blocked the entrance to a parking space. As a result, other drivers had to back up about 30 meters. When her car was hit, she demanded full compensation.

The key question is, should such misconduct be disregarded?

The court's decision: Such misconduct — blocking a passageway and obstructing other road users — constitutes a violation of the duty to exercise due care in traffic (Section 1 of the German Road Traffic Regulations). This section mandates that all drivers behave considerately to avoid causing harm or obstruction. The driver who parked illegally is 20% at fault.

Liability by a backward driver

Schleswig-Holstein Higher Regional Court: In a supermarket parking lot, a car driving forward collides with another vehicle backing out of a parking space.

The question is whether the special duty of care under the StVO applies only to the reversing driver or to both drivers.

Fundamentally, drivers backing up must increase their due diligence and pay extra attention when backing up. However, in parking spaces without a clear street character, the rule of consideration applies. Consequently, drivers must expect a reversing driver at any time and drive proactively so they can react immediately.

The court ruled that both drivers were equally liable (50:50). Drivers cannot assume that no one will reverse unexpectedly. Both parties must exercise heightened caution.

Inhibiting view

District Court Mitte in Berlin: Collision due to obstructed view. A car was pulling out of a parking space. Its view was blocked by a van, making it difficult to see other cars. The car collided with a passing driver.

The court clarifies that drivers should slow down, use a guide, and never merge into traffic blindly. Be even more careful when visibility is poor. Remember that the requirements for due diligence are even higher when visibility is limited.

In this case, the driver disregarded these precautions. The claim for damages was rejected, and the passing driver was not held liable.

The obligation to regard remains.

All judgments have a clear tendency: fundamentally, different traffic conditions apply in parking spaces compared to normal streets. However, the standard remains the requirement to exercise due care under the StVO.

In summary, although parking lots may appear chaotic, the legal requirements are clear. Caution and foresight are essential, as unexpected maneuvers can quickly lead to legal consequences.

 

Judgments:

· Munich Local Court (Judgment of February 12, 2026, Case No. 344 C 8946/25)

· Schleswig Higher Regional Court, Decision of November 28, 2025, Case No. 7 U 87/25

· Berlin Local Court Mitte (Judgment of December 9, 2025, Case No. 103 C 5071/25 V)

 

Picture: Pixabay/parking_space-6381364
https://pixabay.com/de/photos/autos-parken-parkplatz-auto-6381364/