Every year in the United States, over 50,000 collisions occur in parking areas, leading to more than 60,000 injuries and around 500 fatalities. The National Safety Council (NSC) identifies distracted driving as the primary culprit of these accidents, which can be especially hazardous for motorcyclists due to their exposure.
Even minor parking lot mishaps can result in serious injuries or even death for motorcyclists. So, who holds the responsibility for a motorcycle parking lot accident? The answer relies on several factors. Let us delve into the intricacies of parking lot incidents involving motorcycles in California. If you need help from an experienced personal injury attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a consultation.
Catalysts of Parking Lot Collisions Involving Motorcycles
Following a motorcycle collision, it is commonplace for the other driver to claim they did not notice the motorcyclist. Studies suggest that this “inattentional blindness” often causes motorcycles and scooters to be overlooked.
Despite their duty to remain alert for motorcyclists, many drivers are excessively distracted to safely navigate parking areas. A study by the NSC found that many drivers admitted to various distracting activities while in parking lots, such as:
- Using mobile phones (66%)
- Operating GPS systems (63%)
- Texting while driving (56%)
- Engaging on social media (52%) •
- Checking emails (50%)
- Taking photos or videos (49%)
In California, actions like checking makeup or arguing with a passenger could classify as distracted driving. Evidence like social media updates, cell phone records, dash cam footage, and local business surveillance could reveal what the driver was doing before the accident.
Furthermore, impaired driving contributes to parking lot accidents involving motorcycles. Roughly 28% of all traffic-related deaths in California are linked to drunk driving, with drugged driving posing a significant risk.
Sometimes, disputes in parking lots result in deliberate or accidental crashes. If a motorist in a fit of rage or aggressive driving caused your accident, you might be dealing with a dangerous situation. Poor road conditions can also lead to parking lot accidents involving motorcycles. A pothole, which might be trivial for a car, can cause a serious accident for a motorcyclist.
If you suspect road conditions played a role in your accident, document the scene and discuss it with your attorney. This might provide grounds for a premises liability case, holding the property owner accountable for unsafe conditions.
How Is Responsibility Assigned in Parking Lot Accidents?
California follows the comparative fault rule when determining liability in personal injury cases, including parking lot accidents involving motorcycles. Everyone involved in the accident is assigned a percentage of fault, and any potential compensation is reduced by your share of the blame.
Suppose you were speeding on your motorcycle in a parking lot when a car backed out of a spot and hit you while the driver was texting. You might be 30% at fault for speeding, while the other driver could be 70% liable for not properly checking their mirrors and texting while driving. In such cases, you could be entitled to 70% of the total compensation awarded.
In California, even if both parties are equally at fault, compensation can still be claimed. For example, if both you and another driver back out of your parking spots simultaneously and collide, you could have a 50/50 split liability. Even half the total compensation could potentially cover your main costs from the accident.
Victims can pursue compensation for various damages such as medical expenses, motorcycle repair costs, lost income, disability or disfigurement, pain and suffering, emotional distress, and more. If your losses are significant, hiring a parking lot accident attorney could help you build a robust case against the other driver.
Legal Assistance for Motorcycle Parking Lot Accidents in California
At Law Offices of Fernando D. Vargas, we value the well-being of California’s injured motorcyclists. Our team boasts years of combined experience in securing substantial awards for our clients.
Post your motorcycle parking lot accident, we can assist you in collecting crucial evidence to prove your case and ensure the right person is held accountable. Reach out to us at 909-982-0707 to request a complimentary case evaluation. We are here to support you in achieving a full recovery.
