If you have been injured in a parking lot, you may be entitled to compensation.
In some states, liability for traffic accidents that occur in parking lots is automatically split equally between all parties. This may lead visitors or new California residents to assume that they do not need to worry about preserving evidence or protecting their interests in the event of a car accident in a parking lot. Other individuals may assume that the minor nature of most parking lot fender benders means they do not need to bother with an attorney or even insurance to settle the matter.
The reality is…
Parking lot accidents should be treated like any other car accident in California. You do need to document the scene of the accident, report the matter to the insurance companies, and, in the event of a severe injury, contact a personal injury attorney for advice.
Common Causes of Parking Lot Traffic Accidents
Most parking lot accidents occur simply because someone was not paying careful attention to their surroundings. Given all the distractions in a crowded parking lot, it is easy to understand how this might happen. A driver might be busy adjusting the AC and turning on the radio as they pull out of a spot, or so busy looking for a parking spot across the lot that they forget to pay attention to the road right in front of them. Pedestrians can also be distracted and accidentally walk right into the path of a vehicle.
Here are some common types of parking lot traffic accidents:
- Pulling out of a parking spot without looking
- Turning suddenly in front of oncoming traffic
- Stopping short, causing a rear-end collision
- Speeding
- Missing a stop sign or crosswalk
- Wrong-way driving
Fortunately, most parking lot fender-benders are minor because of the slow speeds involved. However, any time a pedestrian is involved in the accident, there is a much higher potential for injury. Pedestrians can suffer serious injuries if knocked to the ground in a parking lot, such as head injuries, back injuries, or wrist factures.
If a pedestrian has been injured and will require compensation, it will be very important to establish who is responsible for the accident: the driver, the pedestrian, or the parking lot owner.
Premise Liability and Parking Lot Accidents
In some cases, a parking lot accident could fall under the category of a premises accident rather than a traffic accident. This could occur if some fault or failure on the property owner’s part caused the accident. Some possible examples might be failure to mark directions of travel in narrow parking lot lanes, failure to install or maintain adequate lighting in a parking garage, or failure to mark crosswalks for the use of pedestrians. Parking lot owners may also be liable for trip and fall or slip and fall accidents a pedestrian suffers all on their own, such as tripping over an unmarked curb or slipping on slimy concrete that has developed due to an uncorrected water leak.
Talk Over Your Options with an Experienced Attorney Today
Because parking lot accidents do present some special challenges—whether you are talking about a traffic accident or a slip and fall accident—you definitely want an experienced lawyer’s advice about your case. You can get this advice by calling 909-982-0707 and requesting a free initial case evaluation from Fernando D. Vargas.
