Parking lots are busy and chaotic. That is why at least 50,000 car accidents happen in parking lots annually. Parking lot crashes also cause at least 500 deaths and 60,000 injuries.
If a negligent car driver hurts you in a parking lot accident, you probably want to know how much compensation you can get for your injuries and other damages. Below is what you need to know about parking lot accidents and parking lot settlements.
How much is your car accident injury claim worth?
Find out the maximum compensation you could receive.
According to Ameriprise Insurance, there are five common parking lot accidents:
Two cars are backing out of parking spaces and hit each other.
One driver pulls forward from a parking space into the path of another car.
A driver backs out of a parking lot space and into vehicle traffic.
Two vehicles competing for one parking space collide.
One car rear-ends the other at a stop sign.
Any settlement hinges on which driver is found at fault for the accident.
Determining Parking Lot Accident Liability
Parking lot accident liability boils down to the driver that was negligent or careless. How is this determined?
First, was the car in motion? If only one car was moving in the parking lot accident, that driver is usually found at fault. If one car was legally parked and another hit it, the moving car driver will probably be found negligent.
Second, which driver had the right of way? In parking lots, cars in the through lanes possess right-of-way. Drivers driving towards the through lanes from parking lanes have to give right-of-way.
If a driver drives into the through lane when he exits the parking lane and hits a vehicle in the through lane, the fault probably lies with the driver leaving the parking lane.
If both cars were in motion, one driver usually has right-of-way based on traffic rules and patterns. The other driver could be found negligent for not giving the right-of-way.
Other factors can influence determining fault in a parking lot accident. For example, if a driver blew through a stop sign or was speeding, these infractions would usually put the responsibility on that driver.
Can The Parking Lot Owner Be Liable for an Accident?
The insurance company usually cites one driver with parking lot accident liability. However, the parking lot manager or owner could be liable for damages in some cases. This scenario involves the concept of premises liability.
Premises liability states that the property owner may be responsible for injuries to people on the premises. The parking lot owner could be liable if the parking lot features poor design, low lighting, lack of signage, etc.
The manager or owner also could be liable if hazardous conditions existed, such as unmarked construction, standing water, or uneven pavement.
Sample Parking Lot Accident Settlements
Below are real parking lot accident settlements by other attorneys. Note that every parking lot accident is different, and your payment could be for more or less.
If you want to get a better idea of what your driver negligence in a parking lot case could be worth, find a licensed attorney in your area with the attorney search tool at Lawsuit Info Center.
$24,500 Parking Lot Accident Verdict
A city bus hit a woman’s car in a Maryland parking lot near Washington DC. After the crash, the victim received treatment for soft tissue injuries in the lower back. She filed a parking lot accident lawsuit against the bus driver and his company. She claimed the driver crossed the white line that separated the two vehicles in the parking lot lane. The defendant argued the victim crossed the line.
However, the driver’s street supervisor stated the accident happened on the plaintiff’s side of the line. But the defense noted that the boulevard law – a rule where the driver of a vehicle entering the highway from a smaller roadway needs to yield right of way to all highway traffic. Nevertheless, the jury sided with the victim and awarded her $24,500.
$90,000 Pedestrian Parking Lot Accident Settlement
A driver in a parking lot in Miami hit a pedestrian. The driver told her the 911 worker that the pedestrian walked into her vehicle. Paramedics arrived. She exhibited facial swelling and complained of ankle pain.
A doctor diagnosed a broken ankle – a distal fibula fracture. She did not need ankle surgery. The accident victim’s personal injury protection coverage paid $10,000 for her medical bills.
The driver’s insurance company argued the woman was partially negligent for walking in front of the vehicle. However, the parking lot accident lawyer countered that the vehicle driver had a clear sightline and did not stop.
The insurance company offered only $50,000. It is common for insurance companies to offer a low initial sum on a pedestrian accident. Her attorney negotiated hard and got her $80,000.
$100,000 Parking Lot Accident Settlement
Another driver hit a New Jersey woman’s vehicle head-on as she exited a parking lot. It was a distracted driver parking lot accident. The victim suffered cervical disc herniations and bulges. She filed a parking lot accident lawsuit.
The defendant argued that her injuries were diagnosed months after the crash and did not have parking lot accident liability. However, the victim’s surgeon stated that the collision caused her injuries.
The case settled for $100,000. Note that if you are in a parking lot accident, it is vital to have your injuries diagnosed as soon as possible after the collision. Waiting to have injuries diagnosed risks having the insurance company dismiss your claim.
$148,000 Parking Lot Accident Verdict
A driver rear-ended a barista in a Florida high school parking lot. An orthopedic surgeon diagnosed her with neck and back sprains after the accident. Also, a neurosurgeon diagnosed her with spinal fluid leakage that irritated several nerves. She received chiropractic treatment and physical therapy for four years.
She filed a personal injury lawsuit against the negligent driver. The defense argued that gaps in her treatments showed her injuries were unrelated to the accident. The defendant’s medical expert stated that her sprains and strains were not permanent, and no surgery was required.
However, the jury believed the plaintiff and awarded her a $148,000 verdict. This case shows the risk the insurance company takes by not settling a parking lot accident case. Juries are unpredictable, but many do not like insurance companies. They often rule against them, especially if the plaintiff comes across as likable and believable.
$153,400 Parking Lot Accident Verdict
A man slipped on tire dressing left on the ground at a Lexus dealership parking lot. He went to the hospital in Chicago, where a doctor diagnosed him with aggravating previous damage to his left knee. The man had three weeks of physical therapy and needed a total knee replacement two years later.
The victim sued the car dealership for applying tire dressing outside the carwash area, which was a violation of company policy. However, the defendant denied responsibility and said the parking lot was ‘reasonably safe.’ Also, the dealership argued the victim should have been aware of the potential hazard.
The jury disagreed with the defendant and awarded the man $153,400 in medical costs and pain and suffering.
Get Legal Help With Your Parking Lot Accident Case
Did you suffer an accident in a parking lot? Was another driver or entity responsible for your injuries? You may be eligible for compensation for your parking lot injuries, including parking lot pain and suffering, lost earnings, and medical bills.
Lawsuit Info Center can help you find an experienced parking lot accident attorney in your area. Use our site to find a licensed attorney near you today.
No matter the severity of the car accident, you can still sustain injuries that may affect you physically and emotionally for quite some time. Even if the collision is minor, you are still able to receive compensation due to the negligence of the faulted driver. In order to establish a monetary figure to compensate you for the accident, you must first provide some information to help prove you have indeed been injured due to the fault of someone else.
Even in minor parking lot car accidents, your vehicle may be damaged and in need of repair, as well as medical bills and ongoing pain & suffering as a result of the accident. Once you have an estimate of the total damages you’ve been issued, you can also add in wages you were unable to make during time of recovery from your injuries. For minor collisions, a typical settlement could be a few thousand dollars however, it will of course vary from case to case as each incident is different.
The easiest way to ensure you are owed the maximum amount of compensation is to speak with an attorney so they can review your case and fight for you on your behalf.
Everyone knows how chaotic parking lots can be. There are distractions everywhere, which is why parking lot accidents are so frequent. Determining the at-fault party can be a challenge. There are two factors that essentially figure out who is to blame. Which car was in motion and were traffic rules violated? For the most part, the individual backing up from a space will hold some or the entire fault. However, being at least 51% to blame will restrict your ability to receive compensation. Yet, everything relies upon what the other driver discloses to their insurance agency. When one car begins backing out of their parking space, it is common sense that the vehicle opposite of it should observe and cautious. Unfortunately, with distractions around every corner it is quite easy to collide with another vehicle. Be sure to call the police so you can have legal documentation of the accident and any witness statements to provide concrete evidence when proving fault.
Anytime you become involved in an accident causing an injury, it is always a good idea to contact your personal injury attorney. Whenever you become involved in an accident, it is always important to contact the police and as soon as possible, contact an attorney. By doing so, the police can document an accurate report so that you are protected and legally covered by any false statements. This will also help your personal injury attorney by providing legal proof of the incident and injuries reported and will ensure you receive maximum compensation.
Parking lot accidents are frequent but generally minor with little damage. It is possible that your insurance provider may cover damages done from a parking lot accident however, it all depends on which type of coverage package you have. In order for insurance to cover the damages, you must have collision insurance. Although an accident that occurs in a parking lot is commonly private property, your insurance still applies correspondingly and handles the claim similarly to how they would on a public road.
Parking lots can be crowded, hectic places with distracted drivers and pedestrians. With so many distractions around, it’s easy to become involved in an accident. In the unfortunate event you are involved in a parking lot accident, it would be wise to call the police and make an incident report. After checking for injuries and making sure you’re in a safe location, be sure to call the police so a report can be filed. However, most parking lots are private property meaning the police may not arrive to the scene if injuries are not present. If you are a victim of a parking lot accident due to the negligence of another it does not necessarily mean that the negligent driver will be cited for the collision. Since most parking lots are private property, Vehicle Code cannot be enforced.
In every auto accident there is someone to blame, weather it’s one negligent driver or both drivers involved are deemed at-fault. Parking lot accidents can be tricky when determining who is at-fault due to most lots being private property. In this situation, there may be one driver found at-fault as well as the property owner if they have failed to provide a safe driving environment for the motorists. In some parking lot accidents the fault may be split 50% in the situation where both cars were moving for instance, backing up at the same time. Of course, in the situation were one car was parked and the negligent driver hits the parked car, the moving car will always be found at-fault.
It’s not illegal to settle privately or offer/receive cash after a collision. However, there can be problems that come along with settling an accident in private. In the misfortune an accident occurs, the liable driver must reimburse others for the damages they have caused. They can pay out of pocket or they have the option to have their insurance company pay. It’s important to find out exactly how much compensation you are to be owed to assure you have been reimbursed the proper amount for all damages. For safety measures, it would be wise to settle the dispute through insurance to guarantee you are compensated for all expenses owed.
As we all know, parking lots can be a zoo or a bit confusing when it comes to yielding or determining the right-of-way. With all the distractions going on such as pedestrians, bikers and odd parking lot designs, it’s no wonder parking lot accidents occur so frequently. Often times, we find ourselves backing up at the same time as the person directly in back of you. So how do you determine who is liable in a parking lot accident? At the point when a collision occurs, you can typically go by 2 determining factors to find out who’s liable in a parking lot mishap.
Who’s car was in motion? Generally, the driver of a moving vehicle is for the most part the greater part to blame. If the other car was parked, there is only one driver to blame unless the parked car was parked illegally.
Which driver had the right of way? In the occasion that two cars are moving, one car ordinarily has the right of way while the other car must yield. Naturally, if a driver is negligently driving or fails to yield, that driver will be to blame.
No matter where the accident occurs, it’s always a good idea to contact the police in order for them to file a report even on private property. If an accident occurs on private property, you should still follow the same protocol as if the accident happened on public property. In the occasion the collision happened on private property, the circumstances can sometimes get a little tricky when determining who is liable for the accident. It is possible for both parties to be found at- fault and in some cases the owner of the property may also be found liable. For example, if the owner of the property has poor quality of road signs such as missing a stop sign or a one-way sign leading to an accident, the owner of the property could be found liable. In the event you are involved in a collision on private property, it’s important to follow the same steps you would normally take if the accident occurred on a public road.
Contact the police
File police report
Exchange information with the parties involved including the property owner
Contact insurance provider
Take photos of the accident and what might have caused the accident on the property