Parking lots are the frequent site of car accidents. The close proximity of pedestrians and vehicles, often sharing lanes of traffic, can lead to unfortunate incidents. Cars often must back out of spaces directly into traffic, sometimes without proper sight lines.
If someone else’s negligence led to a parking lot car accident in San Antonio, a seasoned lawyer could help you get the compensation you deserve. The negligent party might be liable for your medical expenses, lost time at work, inconvenience, pain and suffering, and the damage to your car. A dedicated car crash attorney could investigate the crash and help you hold the negligent party accountable.
Drivers are familiar with the rules of the road, but parking lots can be confusing. They are not always clearly marked, and drivers may be unsure about how to proceed in or out of the exits. Cars are parked close together and may not have a clear view behind them before they try to back out of a space. During busier times, cars may compete for parking spaces and drivers may behave aggressively.
There are certain types of accidents that are common in parking lots. These include:
When a pedestrian is hit by a car in a parking lot, severe injuries can result. Even though these accidents typically happen at low speeds, pedestrians might suffer from head injuries, lacerations, fractures, and soft tissue damage. Injuries to children are frequent in parking lot accidents, as they may dart between cars and drivers may not see them.
In a car accident case, the plaintiff’s attorney must prove the defendant was negligent and caused the accident. To prove negligence, the party demanding damages must show that the defendant did not act as a reasonably cautious person in similar circumstances would have. They must show that the accident was a direct result of the defendant’s failure to exercise reasonable care. The plaintiff also must establish that they suffered actual harm because of the accident.
Establishing negligence in parking lot cases can be complicated. A driver who was not careful when backing out of a space might be considered negligent, but other parties could be negligent, too. A savvy car accident attorney could identify multiple parties who might be responsible for a parking lot collision.
Parking lot owners have an obligation to provide a safe place for their customers. If the lot was poorly designed, marked, or maintained, and if these shortcomings contributed to the wreck, the lot owner might be liable. Similarly, in a crash involving two vehicles, both drivers could be negligent. In certain circumstances, even a pedestrian who was hit by a car in a parking lot could bear some responsibility for the incident.
Texas requires the party at-fault in a car accident to pay the damages of anyone injured due to their negligence. Texas Transportation Code §601.051 requires every driver licensed in Texas to carry liability insurance to cover claims against them.
Unfortunately, Texas’ minimum coverage requirements are insufficient to cover the expenses a severe injury would incur. In that case, an injured person might have to seek recourse through the courts to obtain fair compensation for their injuries. An experienced legal professional could help an injured person determine whether filing a lawsuit is the best alternative in their particular case.
Damages could be substantial. Injured persons are entitled to collect reimbursement for their medical treatment and all related expenses, and for time absent from work. They also could secure damages to compensate for their pain and suffering, disfigurement, mental anguish, and diminished ability to enjoy life.
One of the most unique aspects car accidents in parking lots that law enforcement sometimes does not report the collision or arrive at the scene. This could make pursuing damages more difficult since there will likely be less available evidence than there would be with a crash on a public road.
Therefore, anyone involved or injured in a parking lot collision should always document the scene as much as possible, to potentially bolster the impact of their claim. For example, a wounded plaintiff could take photos of the location where they crashed, look for skid marks, acquire security footage from nearby businesses, or speak with any witnesses. All of these actions could help prove that another driver’s carelessness caused the wreck.
A detail-oriented attorney in San Antonio can help an injured driver collect valuable evidence about the cause of the parking lot accident.
You do not have a lot of time to make a decision about pursuing a claim for injuries in a car accident. The law allows injured people two years to bring a lawsuit. If Texas or a municipality within the state is potentially liable, you might have as few as 90 days to file a notice of claim.
Preserve all your rights by contacting an experienced advocate soon after your parking lot car accident in San Antonio. Schedule a consultation today.