According to a report from CBS citing data from the National Safety Council, nearly one in five auto accidents occur in parking lots, causing over 50,000 crashes and 60,000 injuries annually. Parking lots are hot spots for accidents due to restricted sightlines, narrow lanes, and distracted driving, among other factors. Parking lots are also a common location for slip and fall injuries.
If you have sustained an injury in a parking lot accident, your personal injury claim is only as strong as the evidence you provide. Insurance companies are notorious for denying or disputing claims, so you need a strong and airtight parking lot accident case demonstrating your lack of fault and the extent of your injuries.
The Importance of Evidence in Parking Lot Accident Cases
As with any personal injury claim, the onus is on the injured party to present evidence that proves their version of events. Thus, the initial steps of accident case preparation will consist of your attorney gathering evidence at the scene. Examples of evidence for parking lot accident cases can include the following:
- Accident scene photographs
- Video recordings (e.g., CCTV footage, cell phone recordings, etc.)
- Police accident reports
- Eyewitness statements
- Vehicle data (e.g., vehicle GPS data, electronic logging devices, etc.)
- Expert testimony
- Medical documentation of your injuries
The point of gathering evidence is identifying the causal chain of events leading up to the accident and tracing it back to the liable party/parties. As a general rule, the more evidence you can gather, the stronger your parking lot accident case will be.
Determining Fault in Parking Lot Accidents
There are four main types of accidents that happen in parking lots. We will look at examples of and discuss liability considerations in each.
Both Cars Moving
For a parking lot collision between two moving cars, the at-fault driver is usually the one who doesn’t have the right of way. Right-of-way in a parking lot typically goes to cars moving between lanes of parked vehicles. For example, if one car were backing out of a parking space and hit a car in the lane, the backing-up car would most likely be liable. If two cars backed up into each other, the car that started moving second would be responsible.
Moving Car & Parked Car
In the case of a moving car striking a parked car, the driver of the moving car is almost always liable. The main exception is if the stationary car was parked illegally. Even in these cases, though, the moving driver would likely still be liable, but the owner of the illegally parked car may share partial liability.
Pedestrian Accident
In almost all cases, pedestrians in parking lots have right-of-way over cars. So, if a car were backing up and struck a pedestrian walking behind them, the driver would be liable. Even if a pedestrian were moving outside a designated crosswalk, any driver that strikes them would likely still bear responsibility.
Slip and Fall Accident
Parking lots may have potholes, icy patches, or cracks that can cause pedestrians to lose footing and fall. Premises liability typically applies in these types of cases, meaning the liable party would be the lot owner. Property owners are responsible for remedying dangerous conditions in their parking lots and can be negligent and liable if failing to do so causes injuries.
How to Build a Strong Parking Lot Accident Case
The key to building a strong parking lot accident case is being proactive and starting early. Taking initial steps now will save you complications and potential payment delays in the future.
Document Everything
If you are able, you should document the scene immediately after the accident occurs. Take pictures of your car, injuries, and the parking lot where the accident happened. You should also get the other driver’s insurance information, their license plate number, and contact information for the parking lot owner. Take notes of any relevant environmental circumstances as well, such as the weather, the presence of adequate/inadequate lot lighting, etc.
See a Doctor
During the claims process, you will need to send medical documentation to the insurance company to prove the extent of your injuries. As such, you need to see a doctor as soon as possible after the accident. One of the most common reasons insurance companies deny or dispute insurance claims is because the victim waited to see a doctor. They can claim the delay is evidence against the severity of your injuries.
Avoid Talking About the Case
Be careful discussing specifics about your case with parties other than your attorney, and don’t discuss your settlement with the insurance company without an attorney present. They might try to convince you to sign a release form for an early settlement, which could affect your ability to recover adequate compensation. You should also avoid discussing your case on social media posts or making certain public posts. For instance, if you post a picture of yourself engaging in some kind of physical activity, the insurance company can use it as evidence against the claimed extent of your injuries.
Talk to a Personal Injury Lawyer
The sooner you find an attorney, the sooner they can start putting together a strong case for you. An attorney can provide general legal guidance and take the lead in investigating your claim and gathering evidence. They can also serve as a go-between for you and the insurance companies. If there are any disputes, they can argue your version of events and negotiate a better settlement. Your choice of attorney can mean the difference between a denial and a satisfactory resolution.
Seeking Legal Help for Parking Lot Accident Claims
Parking lot accidents often involve an intertwined web of overlapping circumstances and liability. A car accident attorney can cut through the complexity and build a strong case that maximizes your chances of recovering the financial compensation you need. Contact Jurewitz Law Group Injury & Accident Lawyers online or call (619) 233-5020 to speak to a car accident lawyer in Tampa.
