When people think of auto accidents, they might picture them happening on crowded city streets or while speeding down the highway. Contrary to popular belief, parking lot collisions are much more common than you may imagine.
The National Safety Council (NSC) estimates that each year, parking lot accidents result in tens of thousands of injuries and hundreds of fatalities.
Like roads and highways, parking lots also have right-of-way laws. Determining who is at fault may be dependent on who has the right of way.
In the following article, we will give you a general summary of how parking lot accidents are handled in Connecticut and related information, but if you are hurt in a parking lot accident, you should speak with our Connecticut car accident lawyers to discuss the details of your case and to answer your questions or concerns.
Liability in Parking Lot Accidents
There are various kinds of accidents that take place in parking lots. In rare instances, a driver might collide with another vehicle or run into a pedestrian crossing the parking lot. In other cases, a person could fall and hurt themselves after slipping and falling in the parking lot. The circumstances of the injury's occurrence determine who is responsible for a parking lot accident and who you may file a claim against.
Negligent Drivers
A recent study found that parking lot accidents are largely caused by distracted driving. The elderly and young children are particularly at risk when careless drivers pull out of a parking space. Drivers may not be paying attention to the crowded parking lot surrounding them if they are using their cell phone, GPS, or radio, which could result in a collision with a pedestrian or another car.
Negligent drivers may be held accountable for injuries brought on by a parking lot accident, the same way they would in an accident on a roadway or highway.
Driving while distracted, failing to yield to pedestrians when necessary, and disregarding traffic signals are all instances of negligence that could serve as the foundation for a lawsuit alleging liability for injuries.
Premises Liability
Parking lot hazards can result in injuries after a slip and fall accident. Potential risks in a parking lot may be:
- Potholes
- Uneven concrete
- Poor lighting
- Inadequate security
- Snow or ice
Premises liability is a legal term that applies when someone is injured on someone else's property. Connecticut laws state that property owners, including business owners, have a duty of care to provide safety to those who are on their property. They must also actively inspect the property for hazards that, if found, should be corrected or post warnings of the potential danger.
When an injury occurs, the injured party could have a claim against the company or owner of the property. In this case, in a parking lot accident.
Parking Lot Lawsuits
It may be feasible to seek compensation against the liable party if you are injured in a parking lot accident. If it was caused by a car accident, the victim may file a standard car accident claim to recover damages.
In a "fault" state such as Connecticut, the insurance of the liable party is responsible for covering losses related to the accident and your injury.
In the event of a slip and fall accident in a parking lot, an injury claim may be filed under premises liability laws to seek reimbursement for medical costs, lost wages, and other damages.
For accident victims in Connecticut, there are three main avenues for pursuing financial compensation. These consist of:
- first-party claim
- third-party claim
- Suing the negligent driver
Each of these options has pros and cons depending on the details of your accident.
The best course of action in any legal situation is to speak with a personal injury attorney who can inform you of your options, walk you through the process, and represent you.
Premises Liability Claims
An injured party bringing a premises liability claim against a property owner must demonstrate the owner's negligence and failure to provide duty of care and proper maintenance required to the property.
The majority of people who file a premises liability claim are considered invitees, which indicates that they are on the premises with the permission of the owner. Social guests in a person's house, as well as patrons of a business or eatery, are also examples of invitees.
In addition to being guests, licensees have the legal right to be on the premises, but only do so for their own gain. Utility workers and door-to-door salespeople are two examples.
Lastly, trespassers are categorized as the third group of guests. No duty is owed by a property owner or operator to a trespasser other than to prevent willful injury.
In the majority of premises liability claims, the claimant must establish that a dangerous or hazardous condition existed on the property and that the owner knew about the condition or should have known about it by exercising reasonable care.
Injured in a Parking Lot? Call Us & Let Us Be An Advocate In Your Corner
Contact Brandon J. Broderick, Attorney at Law as soon as you can to speak with a knowledgeable CT personal injury attorney if you were hurt in a parking lot accident. Our firm has an in-depth understanding of personal injury laws in Connecticut and can provide the legal support you need to win your case. We have handled a wide range of premises liability and auto accident cases. We take great pride in being able to give clients the support they need.
For a free consultation, get in touch with us today.