Parking Lot Accident Liability Explained
Liability in a parking lot car accident is an important consideration when determining if you have a valid case under Section 4-212 of the Illinois Vehicle Code. There are many scenarios that may have contributed to your car accident that are in turn, contributory to who is at fault. If the accident was caused by a driver who is clearly negligent and disobeys traffic laws, then they can be held fully responsible. Illinois law takes into consideration the comparative fault of both parties involved in the accident to determine a judgment amount that is fair and reasonable. For instance, if I cut you off in traffic and cause a crash and have 100 percent of liability for the accident, then you are able to claim damages for all of your medical bills and expenses related to the car accident.
If , however, I, the driver, was to cause an accident by backing out of a parking spot and I have 90 percent of fault and you have 10 percent of fault by negligence as well, then your expenses would be diminished by 10 percent. One of the most common issues we see is that the at-fault party frequently blames the other for the accident. For example, a person drives through a parking lot and cuts another person off but then in turn blames the other party for not avoiding the collision. The law considers the actions of both parties to determine if the behavior of the non-culpable party was unreasonable. Even if there is a claim against you there may still be a judgment in your favor if the other party was equally or more at fault.
Top Causes of Parking Lot Accidents
As a Seattle area car accident lawyer, I often have clients come to me after having been in a parking lot collision. These are often relatively low speed accidents involving property damage alone. The damages can be repaired, but the injury can linger if you don’t realize there has been a personal injury. You may have damage to your neck or spine without proper treatment and pursue a claim for those injuries.
What causes these accidents and should you be able to file a claim if injured? Many times I see distracted drivers in parking lots. The driver has his or her head buried in a phone (texting or using a smart phone). Likewise, I see distracted pedestrians who walk in the path of an oncoming vehicle. Sometimes I see pedestrians walking backwards, completely oblivious to the world around them. In either scenario, you might have a claim if you’ve been hit. One common cause of parking lot collision is the failure to yield. Sometimes there are stop signs in the middle of parking lots. Drivers fail to stop before proceeding through the intersection. Other times, it’s a complete failure to yield to pedestrian right-of-way. I see this often with children in a parking lot. Sometimes they’re fast or maybe you just don’t see them. When you do hit them, however, you might be on the hook for personal injury damages. Backing out of a space and striking another vehicle or pedestrian is another source of parking lot injuries. If you’re backing out of a space, be fully aware of your surroundings. Pedestrians are not always paying attention and pedestrians may be walking behind your vehicle while you’re backing out of a parking space.
What to Do After a Parking Lot Accident
After a parking lot accident, you may experience shock, confusion, anxiety, and even fear. It’s easy to feel out of control and at the mercy of the other driver’s actions. However, there are steps you can take that can help ensure your safety, protect your rights, and secure evidence for your case. Here is what you should know to help you get through this situation. Moving your car to a safe place is usually the first step. Look around the parking lot for a spot that is as free of hazards and free from traffic as possible. You may need to drive for a short way before you find an appropriate space. If someone is injured or you are unsure whether your car is drivable, you may need to stay where you are and wait for help to arrive. Otherwise, shutting off your engine and turning on your hazard lights will signal to other drivers that there is a problem, while also keeping you and your passengers safe. Avoid talking to the other driver before the accident is cleared up and be sure not to take responsibility for what has happened. If the police arrive, follow their directions and comply with their requests for information. Avoid saying more than you have to until you’ve had an opportunity to speak to an attorney about your rights and responsibilities. Do not move anything around the scene of the accident. Let the police take pictures of all the vehicles involved, all visible injuries and damages, the area around the accident, any traffic signs or signals, and the other driver. If you carry a camera in your purse or wallet, use it to capture all the details. Otherwise, wait for the police to arrive to request this information.
Filing an Insurance Claim for a Parking Lot Accident
After you’ve been involved in a parking lot accident, and you are sure of who is at fault, you will want to take the necessary steps to process the insurance claim for the damages incurred from the accident. After you file a claim with your own insurance company, they will then likely reach out to the at-fault party’s insurance to ascertain who is responsible for paying the damage costs. Although every insurance company has its own process for handling claims, knowing the basics about what information you’ll need can help you move through the process efficiently. So here are some of the types of information you will need to submit:
When you file a first-party claim with your own insurance company, your accident will be processed as a typical insurance claim for damage to your property. You’ll connect with your insurance agent and they’ll get your information to the insurance adjustor. The adjustor will then look into the details surrounding your accident and will attempt to establish the relation of fault for the accident. When determining the cause of the accident, the adjustor will look into factors such as the time and date of the accident, any witness statements, police reports, the scene of the accident, etc. If there is more than one party involved in the accident, the insurance company will need to examine all accounts of how the accident occurred to determine liability.
After the adjustor from your insurance company has processed the claim and established the relation of fault, their findings will be forwarded to the other party’s insurance provider. The other party’s insurance company will then investigate the claim from both sides and attempt to establish liability. If the other party is found to be at fault for the accident (the other side may have taken legal action against your insurance), your insurance provider will likely go to the other party’s insurance and get them to cover the accident costs.
In some cases, after determining the other party is at fault for the accident, your insurance provider may go to court with you by filing a lawsuit against the other party’s insurance provider to get them to pay for your expenses. Which is one reason why it’s highly recommended that you consult with a parking lot accident lawyer so that if your situation does go to court, you will already have someone who knows the ins and outs of handling parking lot accident cases and can properly argue the facts on your behalf to get the compensation you deserve.
Legal Penalties and Consequences
While consequences for parking lot accidents are often less severe than accidents in other types of locations, the potential for legal consequences is ever-present. Subsequent to the accident, police officers may issue tickets to the negligent driver on the basis of violations including parking in a fire lane or no-parking zone, parking on a sidewalk, parking in ADA-compliant spaces without a placard and several other infractions. As a result of these violations, drivers may face hefty fines and points on their license, which can lead to increased insurance premiums and the suspension of driving privileges in instances of repeated violations. Both drivers and passengers may find that they are issued tickets as a result of a parking lot accident , depending on whether a police investigation determines that one or both parties involved were at fault. Driving recklessly in a parking lot can lead to charges of reckless endangerment. If you receive a citation following a parking lot accident, you will need to appear in court to contest the citation; failure to do so can result in the automatic payment of the fine, an increased fine for missing the hearing, a possible bench warrant for failure to appear and additional penalties determined by a judge on the date of the hearing.
How to Legally Protect Yourself
If you decide to pursue a case, it’s good to contact a lawyer immediately. There is much the lawyer can do immediately, including preserving evidence, sending a letter to the other driver’s insurance company, checking surveillance cameras, gathering witness information, and perhaps serving subpoenas on other parties.
It is also a good idea to hire a lawyer quickly because in most cases, investigations need to occur right away. The quicker an investigation happens, the better chance it is that all relevant evidence will be preserved and available when your case is reviewed by an insurance company or in court. Also, under Arizona Law, if a lawsuit is not filed within two years of the date of the accident, it is usually too late to bring the lawsuit.
One thing insurance companies do not like to do is pay people quickly after an accident. The insurance companies know that most people simply will not hire a lawyer and bring a lawsuit. Thus, insurance companies hope you give up because you can’t find good legal representation. They would like the injured party to settle their case, and not investigate it, and then forget about it.
There are some common mistakes that people make when it comes to post accident conduct that could hurt your case. One of the biggest mistakes is talking to the insurance company without a lawyer being present. Insurance adjusters don’t work for you, they work for the insurance company, and their job is to limit or deny claims, versus protect you after an accident.
If you do not get an attorney, and you walk into an insurance company’s settlement offer, it is highly unlikely that you are getting the proper offer for a claim. Insurance companies are not in the business of writing big checks to each and every person that walks into their door looking for money. Insurance companies will offer you as little as possible, and hope you will be satisfied with the first quick offer they give you.
It is crucial to understand that the insurance companies have teams of investigators, top legal minds, accident reconstruction specialists, and other help to investigate your case on the insurance side. While you don’t need to have a team of lawyers, it does help when the case is handled and investigated by a firm that focuses 100% of its practice on injury, accident, and insurance claims. Here at Feller & Wender, our attorneys are dedicated to our clients’ needs and we can be there for you from the start of your case all the way to trial.
Parking Lot Laws by Jurisdiction
Parking lot accident laws can vary considerably depending on your jurisdiction. In some locations, liability will be laid directly onto the other driver, whereas in others, liability may be shared between both drivers and the property owner. Some areas have strict statutes of limitations for filing a claim, while others do not. Understanding the law applicable to your situation can be important for a successful case.
Drivers in many states have an obligation to not only be aware of their surroundings, but to actually look for pedestrians and cyclists before attempting to drive through a parking lot. Failure to do so can result in the offending driver being held responsible for any accidents that occur as a result of their inattentiveness. Other areas have more restrictive insurance laws , which could leave you holding a greater share of the blame than what might be the case elsewhere.
Jurisdictions with no-fault insurance laws could make filing a claim much more difficult than in those without. Contributory negligence laws in some contact states can leave you with few options for recovery if you were even partially responsible for the accident.
The information contained in this section gives you an idea of some of the ways parking lot accident laws can vary by state and by region. Speak to a qualified attorney to learn more about the laws in your area and how they might affect your case.