Settling liability in a parking lot accident can be tricky; however, certain common accidents occur in which liability can be easily proven.
Most drivers are cautious and drive slowly in a parking lot. However, a large number of car accidents take place in parking lots as there are too many cars moving in different directions at the same time in a cramped space. The absence of defined driving lanes in parking lots also adds to the confusion.
If you have been involved in a parking lot accident in St. Louis, it’s important to consult with a St. Louis parking lot accident attorney who can help protect your rights and ensure you receive fair compensation for your injuries. Our experienced attorneys understand the complexities of parking lot accidents and can provide the legal guidance you need.
Colliding with a Car While Backing Out
Drivers backing out of a parking lot are supposed to back out just a little so they can see both sides of the parking lane and check if they are clear. When it has been ascertained that both sides of the parking lane are clear of any oncoming vehicles, the driver should back out completely. A driver may fail to take this precaution and pull out without warning, causing a collision. In this scenario, the liability will rest with the vehicle backing out unless the other driver was speeding recklessly.
If a motorist pulls ahead from a parking spot and collides with a car coming down the parking lane, the car’s driver pulling out ahead may be liable for causing the accident. The rules of the road give the right of way to the vehicle proceeding straight, and the vehicle pulling out must wait for other vehicles to clear.
Rear-End Collision in a Parking Lot
A motorist in a parking lane comes to a halt suddenly, and there is a rear-end collision. A driver who rear-ends a car is generally at fault as he or she must drive at a safe distance and should be prepared to stop if the car ahead stops suddenly. Parking lots are no exception to this rule, and drivers should be even more careful in parking lots due to the movement of too many cars in a small space.
Suddenly, Turning in Front of an Oncoming Vehicle
A driver turns suddenly in front of an oncoming vehicle to get a parking space. While driving, you are not supposed to make a left turn when there is incoming traffic from the opposite direction. You are supposed to wait until the traffic is clear and then only make the left turn. The same rule applies to parking lots. A collision resulting in such a scenario is attributable to the car’s driver trying to reach a parking spot.
Two Cars Collide While Backing Out
This accident is quite common as both drivers try to make the same maneuver. The drivers may back out slightly and check that the parking lane on both sides is clear; however, they fail to check their rear and collide with each other. Both drivers are equally at fault for this accident.
Driver Distraction in St. Louis Parking Lots
Driver distraction is a pressing issue in parking lots, and the National Safety Council (NSC) is at the forefront of raising awareness about it. Their survey reveals that 66% of drivers admit to making phone calls and 56% to texting while navigating parking lots. The NSC’s emphasis on the need for heightened awareness and avoidance of distractions, especially during busy shopping, is a call to action for all of us.
Key Statistics and Insights:
- Prevalence of Distraction: According to NSC data, two-thirds of drivers are distracted in parking lots.
- Accident Rates: Over 50,000 parking lot accidents occur annually, causing over 60,000 injuries and approximately 500 fatalities.
- Increased Risks: With rising traffic fatalities nationwide, the risks associated with parking lots are expected to grow each year.
St. Louis parking lot accident attorneys highlight that parking lots pose greater dangers than many assume, urging drivers and pedestrians to exercise caution and remain vigilant.
Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!
Pedestrian Distraction in St. Louis Parking Lots
It is important to note that drivers are not the only ones distracted in parking facilities; pedestrians are also. Between 2001 and 2011, around 11,000 pedestrians distracted by their cell phones suffered serious injuries in traffic accidents.
NSC has urged drivers to utilize onboard systems to prevent distractions.
- The NSC poll shows that 63% of parking lot drivers use GPS systems while driving. To counter this, the drivers should program their destinations before departure.
- Each year, as many as 51% of parking lot deaths happen when drivers are reversing. NSC suggests using backup cameras and taking other measures to look out for other drivers and pedestrians.
These simple steps can go a long way in preventing crashes and injuries.
Parking Lot Accidents Can Lead to Terrible Injuries
Parking lot accidents may seem uneventful initially, but they can pose many dangers. Even a minor collision can lead to severe injuries with long-term consequences. A soft tissue injury, for example, can occur when your head is forcefully and rapidly thrown back forward.
You may not have any visible injuries, and you may assume that because the collision was minor, there are no real problems. However, getting a proper diagnosis and ruling out any potential injury is important before agreeing on a settlement.
The tricky part of parking lot accidents is that they seem harmless. An experienced St. Louis car accident lawyer can guide and advise you and ensure you won’t make any mistakes that may jeopardize your claim. They will gather evidence, negotiate with the insurance company, and fight for fair compensation.
How to Drive Safely in a Crowded Parking Lot
If you’re driving in a parking lot, there are a few things you can do to help provide safety for everyone.
- Drive Slowly. This will give you more time to react if someone suddenly walks in front of your car.
- Be Aware of your surroundings at All Times. Look out for pedestrians and other cars, and be prepared to stop if necessary.
- Don’t Honk Your Horn. This can startle pedestrians and cause them to walk into oncoming traffic.
- Use your turn signals. This will let other drivers know when you turn or change lanes and help prevent accidents.
What Should You Do if You Get into an Accident in a Parking Lot?
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If you’re involved in a minor fender bender in a parking lot, the best thing to do is exchange insurance information with the other driver, file a police report, and consult a St. Louis parking lot accident attorney to understand your rights and options. They can guide you through the legal process and help protect your interests.
If the accident is more serious or someone gets injured, call the police and ambulance immediately. But, again, it’s important to document everything as accurately as possible so there are no problems later on.
How to Prove Parking Lot Accident Fault
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To prove fault in a parking lot accident, gather evidence such as witness statements, security camera footage, and scene photos, and analyze the traffic patterns and signage to establish which party violated traffic rules or was negligent.
Parking Lot Surveillance Footage
CCTV surveillance footage can provide a clear picture of what happened during the accident and who is to blame. It can also provide evidence of any reckless behavior that caused the accident. The footage can also help prove the speed at which the vehicles traveled, which can be used to determine fault.
However, obtaining the footage is not always easy. This is because the footage often belongs to a third party, and they may not be willing to provide it without a warranty. An experienced St. Louis car accident attorney will have the knowledge and resources to obtain and use the footage to prove fault.
The Police Report
No matter how small the accident seems or how convincing the other driver is, it’s generally advisable to call the police after an accident. When responding officers arrive at the accident scene, they will assess the situation, take statements from witnesses, and make a police report of the incident. You can use the police report to prove fault in a parking lot accident.
The police report can provide vital information about the accident, including the time, location, and other factors that may have contributed to it. In some cases, the police officer may also include a scene sketch. All this information can help determine who was at fault for the accident.
Eyewitness Statements
Parking lot accidents often happen in high-traffic buildings, which means there is a good chance that eyewitnesses were present when your accident occurred. Eyewitness statements can be a powerful tool in proving fault. These witnesses can provide a firsthand account of the events and offer details about the speed and direction of the vehicles involved.
Testimony From Accident Reconstruction Specialists
If there was no surveillance footage, witnesses, or any other form of physical evidence available to determine fault in a parking lot accident, an accident reconstruction specialist could be a valuable source of information. An accident reconstruction specialist will use their knowledge and experience to analyze the circumstances of the accident, including the vehicles’ positions, damage, speed, and other factors. They will then provide an opinion on how and why the accident occurred.
Legal Help From a St. Louis Parking Lot Accident Attorney
If you or someone close to you has been injured by a distracted driver in a parking lot during this busy shopping season, you may be entitled to recover compensation for medical expenses, lost wages, and pain and suffering that resulted. It is important to seek help from a St. Louis personal injury lawyer who can protect your rights and get you the full compensation you are entitled to. Call us today at (314) 361-4242 to speak to an experienced attorney at The Hoffmann Law Firm.
Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!
Frequently Asked Questions
Who is at fault in a parking lot accident?
Determining fault in a parking lot accident can be complex due to the private property setting and the unique traffic patterns. Generally, the driver who violated the traffic rules or was negligent (e.g., not yielding right of way, speeding, or distracted driving) is at fault. Each case requires a detailed investigation to establish liability.
What should I do if I’m involved in a parking lot accident?
If you’re involved in a parking lot accident, ensure everyone’s safety first. Call emergency services if needed. Exchange information with the other party, take photos of the scene and look for witnesses. It’s also advisable to file a police report, speak with a car accident lawyer, and notify your insurance company.
How is fault determined in accidents where one car is backing up?
In accidents involving one car backing up, the driver pulling out is usually found at fault, as they’re expected to yield to oncoming traffic. However, exceptions exist, such as if the other driver was speeding or failed to observe the surroundings. A thorough examination of the accident details is essential.
Can I claim compensation for a parking lot accident?
Yes, you may be entitled to compensation for damages and injuries. This can cover vehicle repairs, medical expenses, lost wages, and pain and suffering. An experienced attorney can help you navigate the claims process and maximize your recovery.
Are parking lot accidents treated differently by insurance companies?
Parking lot accidents can be complex for insurance companies due to the typically low speeds and private property settings. Liability may be split, especially in collisions without a clear right of way. An attorney can help argue your case and deal with insurance adjusters.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured, you may still have options through your insurance policy’s uninsured motorist coverage. Reviewing your policy and consulting with an attorney to understand your rights and pursue the necessary compensation is crucial.