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Bumper Cars Gone Wrong? Find the Right Parking Lot Accident Lawyer

 

Unpacking Parking Lot Accidents: Why a Lawyer Can Help

If you’ve been injured, a parking lot accident lawyer can:

  • Protect Your Rights: Ensure you’re not taken advantage of by insurance companies.
  • Prove Fault: Gather evidence to establish who was responsible.
  • Handle Complexities: Steer tricky laws and paperwork.
  • Secure Compensation: Fight for funds for medical bills, lost wages, and pain.
  • Meet Deadlines: Ensure your case is filed on time.

We use parking lots daily, often underestimating their dangers. The National Safety Council reports over 50,000 parking lot collisions annually, causing thousands of injuries and hundreds of deaths. In fact, 1 in 5 car accidents occurs in a parking lot.

Even low-speed crashes can cause serious harm, leading to painful injuries, medical bills, and lost wages. Dealing with insurance companies adds another layer of complexity. This guide will help you understand your rights and how to get the help you need.

I’m Jason Fine, founder of J. Fine Law. With over 25 years of experience, I’ve helped countless victims of complex parking lot accidents secure the compensation they deserve. You don’t have to face this alone.

Infographic showing the high frequency and common causes of parking lot accidents - parking lot accident lawyer infographic 4_facts_emoji_blue

Why Parking Lot Accidents Happen and The Serious Injuries They Cause

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Parking lots are busy places where fender benders can lead to serious injuries, especially for pedestrians and cyclists. Accidents typically happen due to driver negligence or unsafe property conditions.

Common Causes of Parking Lot Collisions

Accidents usually stem from two main issues: driver error and poor parking lot maintenance.

Driver Negligence

Drivers often let their guard down in parking lots, leading to risky habits:

  • Distracted Driving: Texting, talking on the phone, or searching for a spot can cause a driver to miss pedestrians or other vehicles.
  • Speeding: Some drivers ignore low speed limits, increasing the risk of a crash.
  • Failure to Yield Right-of-Way: In the absence of clear traffic signals, drivers may ignore yield signs or fail to stop for pedestrians.
  • Aggressive Driving: Impatient drivers may aggressively compete for parking spots or cut others off.
  • Driving Under the Influence (DUI): Impaired drivers pose a significant danger in parking lots due to poor judgment and slow reactions.
  • Unsafe Backing: This is a very common crash type. Drivers often fail to properly check for oncoming traffic or people before reversing.

Premises Liability

Sometimes the property owner is at fault. This is called premises liability, where the owner has a duty to keep the area safe. Common issues include:

  • Poor Lighting: Inadequate lighting, especially at night, can obscure hazards, pedestrians, and other cars.
  • Potholes and Uneven Pavement: Damaged surfaces can cause drivers to lose control or pedestrians to trip and fall.
  • Faded Markings: Worn-out lines for lanes, spots, and traffic flow can create confusion.
  • Inadequate Signage: Missing or unclear stop signs, speed limit signs, or crosswalk warnings contribute to accidents.
  • Poor Lot Design: Confusing layouts, narrow lanes, and blind spots make accidents more likely.

If you were hurt because a parking lot was unsafe, J. Fine Law can determine if the property owner is at fault. Learn more on our pages for a Pennsylvania Premises Liability Lawyer and a New Jersey Premises Liability Lawyer.

Are Parking Lot Accidents Always Minor? The Surprising Dangers

It’s a dangerous myth that low-speed parking lot accidents are always minor. Even a slow-moving vehicle can cause severe injuries, especially to vulnerable pedestrians and cyclists who have no protection. Children are particularly at risk due to their small size and unpredictability.

Common Severe Injuries:

  • Whiplash and Soft Tissue Damage: Even minor impacts can cause painful neck injuries, sprains, and tears, leading to chronic pain.
  • Fractured Bones: Impacts or falls can break bones in the arms, legs, hips, or skull. Learn more about types of fractured bones.
  • Traumatic Brain Injury (TBI): A seemingly small knock to the head can cause a concussion or a more serious TBI with long-term cognitive or emotional effects.
  • Spinal Cord Damage: Crashes can cause herniated discs, pinched nerves, or severe injuries leading to paralysis.
  • Internal Injuries: Blunt force trauma can damage internal organs or cause internal bleeding.
  • Psychological Trauma: Accidents can lead to anxiety, fear of driving, or PTSD. Learn more about anxiety and stress.

Never dismiss a parking lot injury. A parking lot accident lawyer can help you understand the full extent of your injuries and your rights.

Your First 5 Steps: What to Do Immediately After a Parking Lot Accident

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Knowing what to do after a parking lot collision is crucial for protecting your health and legal rights. Follow these steps in the immediate aftermath.

Step 1: Ensure Safety and Seek Medical Attention

Your safety is the top priority. Check for injuries and move to a safe location if possible, turning on your hazard lights. If anyone is injured or there is major vehicle damage, call 911 immediately.

It’s crucial to seek medical attention as soon as possible, even if you feel fine. Adrenaline can mask pain, and some injuries like whiplash don’t appear for hours or days. A doctor’s visit creates a vital medical record for your claim. Insurance companies often dispute claims with delayed treatment.

Step 2: Document Everything at the Scene

Evidence from the scene is vital for your case. Use your smartphone to take lots of photos and videos. Capture the damage to all vehicles, license plates, the overall accident scene, traffic signs, and any pavement hazards. Photograph any visible injuries.

Next, exchange information with all other drivers. Get their names, phone numbers, addresses, insurance company details, and driver’s license numbers. If there were any witnesses, get their names and phone numbers, as their testimony can be invaluable.

Step 3: Report the Accident

An official record is vital. Always try to call the police, even for minor accidents on private property. A police report provides an official, third-party account of the incident that is crucial for insurance claims.

If a hazard in the lot contributed to the accident (like a pothole or poor lighting), inform the property owner or management. This documents the unsafe condition, which is important for a potential premises liability claim.

Step 4: Notify Your Insurance Company (Carefully)

You must report the accident to your insurer, but be careful. Report only the basic facts of what happened, where, and when. Never apologize or admit fault, as anything you say can be used against you.

If the other driver’s insurance company contacts you, politely decline to give a recorded statement until you have spoken with a parking lot accident lawyer. Adjusters are trained to get information that can minimize their payout. Finally, review your own policy to understand your coverage, like PIP or uninsured motorist benefits.

Figuring out who’s at fault and getting fair compensation after a parking lot accident can be a complex legal maze. An experienced parking lot accident lawyer is invaluable in untangling the layers of responsibility and insurance claims.

How is Fault Determined in a Parking Lot Accident?

Determining fault in parking lot accidents can be tricky since they occur on private property. Fault is usually based on general negligence principles and common-sense driving rules.

Key factors include right-of-way rules. Cars in thru-lanes (main traffic lanes) generally have the right-of-way over vehicles pulling out of spaces or from feeder lanes. Drivers backing out of a space are almost always required to yield to all traffic and pedestrians. If two cars back into each other, fault is often shared.

To prove fault, we must show the other party was negligent by establishing: they had a duty of care to act safely, they breached that duty, their actions caused your injuries, and you suffered damages as a result.

We build a strong case using evidence like police reports, surveillance footage, witness testimony, and your photographs and videos from the scene. At J. Fine Law, we have extensive experience proving negligence in vehicle accidents. Learn more on our Auto Accident Lawyer Philadelphia PA page.

What if I Was Partially at Fault?

It’s common to share fault in a parking lot accident. Thanks to “comparative negligence” laws, you may still recover compensation even if you were partially to blame. Your compensation award is simply reduced by your percentage of fault.

However, there is a cutoff. In both Pennsylvania and New Jersey, you cannot recover damages if you are found to be 51% or more at fault. If your fault is 50% or less, you can recover compensation, reduced by your fault percentage.

Insurance companies will try to shift as much blame to you as possible to reduce their payout. A parking lot accident lawyer will fight to minimize your assigned fault and protect your right to compensation.

What Types of Compensation Can I Recover?

If you were injured due to someone’s negligence, you may be entitled to “damages,” which fall into two categories:

  • Economic Damages: These cover measurable financial losses, including current and future medical bills, lost wages, diminished earning capacity, and property damage.
  • Non-Economic Damages: These compensate for non-financial impacts on your quality of life, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement from permanent scarring or impairment.

At J. Fine Law, our goal is to ensure you receive full compensation for all your losses. We carefully calculate your damages to build the strongest claim possible.

Why You Need an Experienced Parking Lot Accident Lawyer

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If you’ve been hurt in a parking lot accident, you likely need a lawyer. An experienced parking lot accident lawyer can steer the complex rules and protect you from insurance companies, acting as your champion to protect your best interests.

What Does a Parking Lot Accident Lawyer Do for You?

Our team at J. Fine Law handles the legal burdens so you can focus on recovery. We will:

  • Conduct a Thorough Investigation: We gather all evidence, including police reports, surveillance video, witness statements, and medical records.
  • Identify All Liable Parties: We determine if fault lies with another driver, the property owner, or both.
  • Calculate Your Total Damages: We work with experts to assess all your losses, including future medical care and lost earning potential.
  • Handle All Communications: We speak to insurance companies and other lawyers on your behalf.
  • Protect You from Costly Mistakes: We advise you against admitting fault or giving recorded statements that could harm your case.
  • Build a Strong Legal Claim: We assemble all evidence and legal arguments to maximize your compensation.

How a Lawyer Helps with Insurance Companies

A key role of a parking lot accident lawyer is dealing with insurance companies, whose goal is to minimize payouts. Adjusters may use tactics like offering a quick lowball settlement, delaying or denying your claim, or using your own words against you.

With a lawyer from J. Fine Law, you have a powerful advocate who knows these tactics. We negotiate vigorously for maximum compensation. If the insurance company is unfair, we are prepared to take your case to court. Our firm’s 98% success rate and over $50 million in settlements demonstrate our commitment to fighting for what you deserve.

The Clock is Ticking: Why You Must Act Fast

Time is critical in personal injury claims. Each state has a strict deadline, or “statute of limitations,” to file a lawsuit. Missing it means you lose your right to seek compensation.

  • In Pennsylvania, you generally have two years from the accident date to file a personal injury claim.
  • New Jersey also has a two-year deadline for most personal injury cases.

Waiting too long can harm your case as evidence fades, witnesses’ memories blur, and security footage is deleted. Starting early gives your legal team the best chance to build a strong case. Our rapid attorney response ensures we begin preserving crucial evidence and protecting your rights from day one.

Frequently Asked Questions about Parking Lot Accident Claims

It’s normal to have questions after a confusing and frustrating parking lot accident. Here are answers to some of the most common ones we hear.

Do I need a police report for a parking lot accident?

Yes, you should always try to get a police report. It creates an official, third-party record that is invaluable for insurance and legal claims, detailing the incident and involved parties. Even if the accident happened on private property and seems minor, calling the police is a smart move. For any accident involving injuries or significant damage, always call 911.

Who is at fault if two cars back into each other?

In this common scenario, fault is often shared. Both drivers have a duty to ensure the path is clear before backing up. However, the split is rarely a simple 50/50. Factors like which driver started moving first, speed, and driver distraction can shift more liability to one party. A skilled parking lot accident lawyer can analyze the specifics to determine the proper allocation of fault, which can significantly impact your compensation.

Can I sue the property owner for an accident in their parking lot?

Yes, you can sue the property owner if their negligence caused the accident. Property owners have a legal duty to keep their premises reasonably safe for visitors. A failure to do so that leads to injury can result in a premises liability claim. Examples of negligence include:

  • Poor lighting that obscures hazards.
  • Large potholes or uneven pavement.
  • Uncleared ice or snow.
  • Inadequate signage or poor lot design.
  • Inadequate security leading to an incident.

An experienced Parking Lot Slip and Fall Accident Lawyer Philadelphia PA can investigate whether the property owner is liable for your injuries.

Parking lot accidents are more complex and serious than they appear. Navigating fault, insurance companies, and legal deadlines is overwhelming. While your immediate actions after a crash are important, so is getting professional legal help.

You don’t have to face this journey alone.

At J. Fine Law, we understand the complexities of these cases in both Pennsylvania and New Jersey. We offer rapid attorney response, acting quickly to preserve vital evidence and protect your rights from the start.

When you need a dedicated parking lot accident lawyer, our team is ready. We are proud of our 98% success rate and have secured over $50 million in settlements for our clients, a track record that shows our commitment to fighting for the compensation you deserve.

If you’ve been hurt in a parking lot accident in Pennsylvania or New Jersey, don’t try to handle the aftermath by yourself. Whether it was a car crash, pedestrian incident, or a slip and fall, we are here to help.

Learn more about how our experienced attorneys handle cases like slip and fall accidents and other premises liability claims. Reach out for a free, no-obligation consultation and let us put our expertise to work for you.

 

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