Although parking lots or parking garages may seem an unlikely place for costly car accidents with serious injuries, they are more common than you think. While vehicles are traveling at lower speeds than on a road or highway, there are still multiple factors that can create a collision and cause harm to a person or property. And to complicate matters, there are often discrepancies as to who is at fault or how the incident occurred.
Who Is at Fault in a Parking Lot Collision?
Without traffic signals and clear signage, accidents sometimes become a matter of finger-pointing. And since most parking garages and parking lots are private property, the rules of the road are not easily applicable.
When it comes to right-of-way in a parking garage or parking lot, a stationary vehicle must yield to oncoming traffic. For example, a car pulling out from a parking space is required to check for oncoming cars and traffic before proceeding. This includes pedestrians, who are sometimes difficult to see between cars. Conversely, if two cars are backing out of parking spaces and collide with one another, there may be a degree of shared negligence in failing to ensure a clear distance between vehicles. In the event of a vehicle striking a pedestrian, pedestrians are assumed to have the right-of-way, and therefore, the driver of the vehicle would be found negligent.
Others may find themselves involved in a rear-end accident because of a vehicle following too closely, and the driver becomes distracted, plowing into the back of the car in front of them. An individual who is required to brake suddenly may also become the victim of a rear-end collision.
Poor lighting, unmaintained lanes, and a lack of signage may be other reasons for a collision. If this is the case, there may be another party involved in litigation—the parking lot owner. Particularly if the owner was aware of a hazardous condition and did nothing to correct it, the incident could fall on them to pay for possible damages or injuries.
How Do I Prove Who Is at Fault?
As mentioned, parking lots and parking garages are private property. Therefore, it may be difficult to summon a police officer for an official report of the incident, which can complicate matters since there is no official record of what occurred. This is where witness testimony and video footage can sometimes prove invaluable. Photos of the accident scene that show the position of vehicles can also be helpful. However, not all owners are willing to share video surveillance that may incriminate them, and witnesses are sometimes apprehensive about getting involved.
Ultimately, gathering this type of evidence is where a lawyer can help to establish the actual events as they occurred by issuing subpoenas and leveraging other legal means to compel individuals to come forward.
What Types of Compensation Are Possible?
Typically, damages to property, such as your car, will be paid for by the negligent party. Receipts from an auto-body company will help to prove actual out-of-pocket costs. When it comes to injuries, medical bills, doctor appointments, and prescriptions, all are considered compensable. If certain injuries require you to miss work to recover, lost wages may come into play. And if you are unable to return to work or must return in a lesser capacity, the negligent party will be responsible for making up the difference in wages.
Uncover Who Is Responsible for Your Parking Lot Accident With Assistance From the Macon Car Accident Lawyers at Childers & McCain, LLC
Parking lots may reduce speed and prevent certain types of accidents, but they are not immune to damage and injuries when an incident does occur. As a result, those who cause the accident must be held liable. Let the Macon car accident lawyers at Childers & McCain, LLC help you seek the compensation you deserve. Call 478-254-2007 or submit our online contact form to schedule a free consultation. Located in Macon, Georgia, we gladly serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.