When people think of car accidents, they may envision car accidents on congested city streets or driving down the highway at a high rate of speed. In reality, car accidents in parking lots are far more common than you may think. In fact, the National Safety Council (NSC) reports that tens of thousands of people are injured and hundreds killed in parking lot accidents each year. In this blog post, we’ll review liability and how suing for a parking lot injury works.
Causes and Liability in Parking Lot Accidents
There are a few types of parking lot accidents. In some cases, a driver may hit a pedestrian walking through the parking lot or run into another car. In other scenarios, someone may slip and fall in the parking lot, resulting in injuries. Liability for a parking lot accident depends on the circumstances of how the injury occured.
Negligent Drivers
According to the NSC study, distracted driving accounts for a significant percentage of parking lot accidents. Inattentive drivers backing up out of a parking spot are a particular risk, especially to young children and the elderly. Drivers who are using their cell phone or operate the GPS system or radio may not be paying attention to the busy parking lot around them and thus cause an injury accident by hitting pedestrians or other vehicles.
Just as in a car accident on a street or highway, negligent drivers may be liable for injuries caused in a parking lot accident. Distracted driving, failure to yield the right of way to pedestrians, and failure to follow posted traffic signs are all examples of negligence that can be the basis for an injury claim against the driver.
Hazardous Premises
Slip, trip and fall accidents in parking lots may be caused by hazards on the premises. Hazards within a parking lot can include:
- Potholes
- Uneven pavement
- Poor lighting
- Inadequate security
- Snow and ice
When people are injured on the property of another, the concept of premises liability comes into play legally. Under the law, property owners, particularly business owners, owe a duty of care to those on their property to keep it free from hazards, proactively look for hazards and fix or post warnings of any hazardous conditions. In these scenarios, it may be possible to hold the business or property owner for any injuries that are a result of a parking lot accident.
Parking Lot Lawsuits
After an injury in a parking lot accident, it may be possible to file a claim against the party you believe to be liable for your injuries. If the parking lot injuries are a result of a car accident, the injured person may seek compensation through a typical car accident claim. In no-fault states like New Jersey and New York, you may first start with your own PIP insurance. If you don’t have PIP or if your PIP coverage does not meet all of your losses, you may be able to file a personal injury claim against the liable driver.
In the event of a slip and fall accident in a parking lot, a parking lot lawsuit would likely seek compensation for medical bills, lost wages and other damages by filing an injury claim under premises liability laws. In either case, its best to consult a personal injury lawyer who can advise you of your best options, guide you through the process and work for your best interests.
Get Help with a Parking Lot Injury Lawsuit
If you’ve been injured in a parking lot accident, contact Brandon J. Broderick, Attorney at Law and speak with a skilled injury lawyer as soon as possible. Our firm has an in-depth knowledge of personal injury laws, we have extensive experience in successfully representing a wide range of car accident and premises liability cases. We pride ourselves in being able to provide clients with the passionate representation they deserve. Contact us today for a free consultation.
Photo by John Matychuk on Unsplash