You’re cruising down the street, looking for a spot to park your car and the next thing you know, you’re in a parking lot accident. If so, you’re not alone.
Parking lot accidents are on the rise, not just at busy spots. Even seemingly vacant lots can turn into dangerous places when you’re trying to park.
If you’re unlucky enough to be in a car accident in a parking lot, know that there are steps that you can take to protect yourself and make sure that you have the best possible outcome.
Who is at fault in a parking lot accident?
In a parking lot accident, the driver of the moving car is usually at fault. To determine who is at fault in a parking lot accident, both drivers involved will need to provide their version of what happened.
The police will also need to be called to the scene to investigate and decide. If either driver acted recklessly or illegally, they might be considered at fault even if they were not driving the car that hit the other car.
Faults are determined by looking at the facts of the case, such as how fast the cars were moving, who was driving, and what kind of road surface was involved.
In most cases, the car backing out of a parking spot is at fault, but exceptions exist. For example, if one car cuts off another car in a parking lot, the cut-off car may be at fault.
Parking lot accidents and the law
In the United States, a few different laws can be used when parking lot accidents happen. These laws vary depending on the state in which the parking lot is located.
However, most states have legal responsibility when something goes wrong in a parking lot. This legal responsibility can include civil liability, criminal liability, or both.
If you are in a parking lot and an accident happens, be prepared to show proof of insurance and your driver’s license.
Most states require drivers to stop at a stop sign before entering a parking lot, and many also require drivers to give way to pedestrians and other vehicles when driving in a parking lot.
Contributory negligence
In a parking lot accident, fault determination is based on the legal theory of contributory negligence.
The car’s driver, that was moving at the time of the accident, is usually at fault, regardless of whether they were driving recklessly.
Contributory negligence refers to a person’s share, or percentage, of responsibility for an injury or loss. The more responsible, the less liable they are likely to be.
Proving negligence
Proving negligence can be difficult, but a few things can help your case. First, you’ll need to show that the defendant was aware of the risk and should have known about the danger.
Later, the defendant was responsible for the injury and failed to take appropriate action to respond to this knowledge. Lastly, prove that the defendant’s negligence caused the injuries or damages.
What are the factors considered?
One of the most common causes of accidents in parking lots is when someone makes a mistake while maneuvering their car.
These mistakes can be caused by distractions, poor visibility, and incorrect assumptions about where the boundaries of the lot are.
These accidents contribute to drivers’ inexperience, distracted driving, and drunk or drowsy drivers.
Other factors that can lead to accidents in a parking lot include wet pavement, ice, snow, cars parked too closely together, and cars not being properly parked.
If you don’t know what to say or are confused if you could ruin your chances of getting better coverage and benefits, do not discuss your case with anyone other than your auto insurance lawyer.
They will be the voice on your behalf and get you the deserved compensation. They’ll also increase your chances of a higher settlement if you’ve had a collision with another vehicle.
Common occurrence
When most people think of car accidents, they think of collisions on the open road. However, parking lot accidents are also a common occurrence.
These types of accidents can happen for various reasons, such as drivers not paying attention or not following the rules of the lot.
If you are involved in a parking lot accident, there are certain things you should do to protect yourself and your rights.
First, make sure everyone is okay and call for medical help if necessary. Then gather evidence at the scene of the accident. Take pictures of the damage to both cars, and get contact information from witnesses.
It is important to remember that parking lot accidents can be tricky to deal with legally. Both drivers may share some degree of responsibility for the accident in many cases.
