Who is at Fault in a Parking Lot Accident?
Fault for a parking lot accident will depend significantly on a car accident investigation. Looking at every angle of your accident will help you put your finger on who caused the crash and is liable for damages. Sometimes, police officers that arrive on the scene can help investigate the accident, but they may not always have the answers or arrive at all. Other times, a lawyer can help you investigate and collect evidence to prove fault.
Parking lot accidents are different from other types of accidents because it is not always easy to figure out who caused the accident. Was it the person who was backing out of a parking space or the driver who was pulling into a parking space?
Proving Fault for a Parking Lot Accident
Fault is not always immediately clear for a parking lot accident, which is why an investigation is so important. You must look at each scenario to find out who is to blame. Sometimes, fault could be split between both drivers involved in an accident. For instance, if two drivers are backing out of their parking spaces and collide in the middle of the lane.
Other times, fault will rest with one of the drivers. For instance, a driver who backs into a vehicle driving through the parking lot may be at fault for the collision because drivers who are driving in the lane have the right of way in a parking lot. The driver backing up is expected to wait for all drivers to clear the lane before backing up.
If the Driver Collided with a Parked Car
If a driver collides with parked cars, fault would rest with the driver and not the owners of the parked cars. Another scenario could involve two vehicle drivers who try to park in the same spot and collide. Who was further into the spot? Was speeding involved? Or perhaps road rage played a role.
Examining the entire picture will be vital to proving fault. You will need to collect as much evidence as possible to prove your case. Without evidence, it is your word against that of the other driver.
You Could Recover Damages for a Parking Lot Accident
After a car accident in a parking lot, you could have been injured. You may have suffered whiplash due to your accident, which MedlinePlus reports can cause “dizziness, headache, pain or stiffness in the neck, jaw, shoulders, or arms.” You could have broken a bone or suffered a traumatic brain injury, which could cause you to miss out on work wages while you recover from your injuries.
Your accident has caused you to suffer, and you need to win compensation to put your life back together again. To recover compensation, you need to file a personal injury claim or lawsuit against the at-fault party.
Many Kinds of Damages Could Entitle You to Compensation
You can add up medical bills, lost income, property damage, and future monetary losses to come up with an amount of money you believe will equate to fair compensation. You must also calculate an amount of money for your non-financial losses.
Below, here are some losses you could include in a personal injury claim for a parking lot accident:
- “Pain and suffering” and inconvenience
- Lost income
- Loss of earning capability
- Permanent injury
- Mental distress
- Cost of mental health treatment
- Medical bills
- Cost of physical therapy
- Vehicle damage
- Lost life happiness
You will Have to Prove Your Losses
Coming up with fair compensation is not as simple as naming an amount of money you think would be enough to pay for your financial and non-financial losses. You have to do the math and provide evidence, which means adding up your financial losses and collecting documentation.
Evidence you could use to prove a parking lot accident could include:
- Witnesses’ statements
- Photo or video evidence
- Tire marks
- Physical evidence
- Medical evidence
- Crash scene expert reports
- Police or accident reports
How to File a Claim for a Parking Lot Accident
Filing a claim is a complex legal undertaking that can be challenging and overwhelming. Dealing with car insurance companies can be stressful for injury victims, and you may be unprepared for the task.
Completing claim paperwork is one important step, followed by submitting your claim with the appropriate agency. If filing a lawsuit in court, you must file it in the proper court within the two-year time limitations under Virginia Civil Code §8.01-243.
You also have to add up your losses to come up with a fair amount of compensation for your losses. You must include evidence with your claim to prove your case. Many people work with a lawyer when bringing an injury claim against a liable party because of the complexities.
Get Legal Help with a Parking Lot Accident Claim
Deciphering who is at fault in a parking lot accident may not be as easy as it seems. The accident circumstances play a pivotal role in determining fault, and you will need evidence to prove your case.
The legal team at the Parrish Law Firm, PLLC can help you investigate your parking lot accident, collect evidence of fault, and help you on your path toward fair compensation. Dial (571) 229-1800 to claim your free case consultation now.