When people consider auto accidents, they may envision them occurring on congested city streets or at high speeds on the interstate. Contrary to common belief, parking lot collisions are significantly more frequent than you may believe. Even if you are driving very slowly in a parking lot, an accident that causes injuries is still possible.

According to the National Safety Council (NSC), parking lot incidents annually result in tens of thousands of injuries and hundreds of fatalities.

Parking lots, like roads and highways, have right-of-way regulations. Who has the right of way could help determine who is at fault.

In the following article, we will provide a general overview of how parking lot accidents are handled in Pennsylvania and related information. However, if you are injured in a parking lot accident, you should consult with our PA car accident attorneys to discuss the specifics of your case and receive answers to your questions.

What are the Most Common Types of Parking Lot Accidents in Pennsylvania?

When a driver is backing out of a parking space and collides with another parked or moving vehicle, this is the most common form of auto accident in a parking lot. In some instances, both vehicles reversing out of a parking space may fail to pay attention to each other.

When someone opens their door into another vehicle, causing a dent or scuff in the paint, an accident may occur. Pedestrian accidents are also common in parking lots, particularly when pedestrians are walking between parked cars or are distracted. Accidents involving pedestrians result in more severe injuries than accidents involving two vehicles in parking lots.

Parking Lot Accidents and Liability

There are a variety of accidents that occur in parking lots. A driver may collide with another vehicle or a pedestrian crossing the parking lot. In other instances, a person could slip and fall in the parking lot, sustaining injuries. The circumstances of an accident in a parking lot determine who is at fault and against whom you may file a claim.

Negligent Drivers

A recent study discovered that distracted driving accounts for the majority of parking lot collisions. When irresponsible drivers pull out of a parking space, the elderly and small children are most at risk. If drivers are using a mobile phone, GPS, or radio, they may not be paying attention to the crowded parking lot, which could result in a collision with a pedestrian or another vehicle.

Accidents in parking lots may result in liability for negligent vehicles, just like accidents on roads or highways.

Driving while distracted, failing to yield to pedestrians when required, and disregarding traffic signals are all examples of negligence that could form the basis of a personal injury lawsuit.

Premises Liability

A slip-and-fall disaster in a hazardous parking lot may result in injuries.

Possible dangers in a parking lot include:

  • Uneven concrete
  • Poor lighting
  • Potholes
  • Snow or ice
  • Inadequate security

Premises liability is a legal term that applies when an individual is injured on the property of another. According to Pennsylvania law, property owners, including business owners, have a responsibility to ensure the safety of those on their property. They must also actively inspect the property for hazards, which, if discovered, must be corrected or warnings posted.

The injured party may have a claim against the company or property owner in the event of an injury. In this case, a parking lot accident.

Parking Lot Lawsuits in Pennsylvania

If you are injured in a parking lot accident, you may be able to seek compensation from the party at fault. The victim may submit a typical claim for damages if a vehicle accident was to blame.

Pennsylvania utilizes a variant of "no-fault" auto insurance that is unique. Under no-fault, your own auto insurance coverage pays for medical treatment and other out-of-pocket losses incurred by anyone covered under the policy, up to the policy's limits, regardless of who caused the accident. In order to file a third-party insurance claim or lawsuit against the at-fault motorist outside of the no-fault system, your injuries must meet certain thresholds established by state law.

Pennsylvania's modified comparative fault laws allow accident victims to recover damages even if they were partially at fault. Nevertheless, Pennsylvania law states that, depending on the plaintiff's degree of shared fault, their ability to collect damages may be limited or, in some cases, eliminated. Under Pennsylvania's comparative fault laws, identifying and establishing fault will largely determine the outcome of your case; therefore, having a skilled PA personal injury attorney represent you will be crucial to your case's success.

In the event of a slip-and-fall accident in a parking lot, an injury claim may be filed to seek reimbursement for medical expenses, lost wages, and other damages under premises liability laws.

In any legal situation, it is best to consult with a skilled PA personal injury attorney who can explain your options, guide you through the process, and represent you.

Premises Liability Claims in Pennsylvania

An injured party who brings a premises liability claim against a property owner must prove the owner's negligence and failure to provide the required level of care and maintenance.

The majority of people who file a claim for premises liability are considered invitees, indicating that they are on the property with the owner's permission. Guests of a person's home and customers of a business or restaurant are also examples of invitees.

In addition to being invited visitors, licensees have the legal right to be on the premises for their own gain. Examples include utility employees and door-to-door salespeople.

Trespassers are classified as the final category of visitors. The only duty a property owner or operator has toward a trespasser is to prevent intentional harm.

In the majority of premises liability claims, the claimant must prove that a dangerous or hazardous condition existed on the property and that the owner was aware of or should have been aware of the condition had he or she exercised reasonable care.

Have You Been Injured in a Parking Lot in Pennsylvania? Call Us Today For a Free Consultation so That We Can Assist You

If you were injured in a parking lot accident, contact Brandon J. Broderick, Attorney at Law, as soon as possible to consult with a knowledgeable Pennsylvania personal injury attorney. Our firm has a comprehensive understanding of Pennsylvania's personal injury laws and can provide the legal assistance you need to win your case. We have handled a variety of auto accident and premises liability cases. We take great pride in providing clients with the necessary assistance.

Contact us today for a free consultation.


Posted by: Brandon J. Bro…
Date: Wed, 07/26/2023 - 02:48

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