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Can I File a Legal Claim if I Was Hit by a Car in a Parking Lot?
While walking through a parking lot may feel safer than walking down the street, the risk of being hit by a car is equally significant. Personal injury lawyers in Brazoria County say pedestrian accidents in parking lots are common, often leading to severe injuries and even death.
If you get hit in a parking lot, you may not know what to do, but you have a right to pursue compensation from the at-fault party. The process can be lengthy and complicated since you must prove liability and navigate other nuances of personal injury claims. Working closely with skilled legal experts to protect your rights would be in your best interests.
Who Is at Fault for a Pedestrian Accident at a Parking Lot?
You must determine who was at fault before filing a compensation claim after an accident. Pedestrian injury lawyers in Pearland explain that various parties could be held liable based on the case specifics:
The Driver
In most pedestrian accidents, the driver is likely liable because they must drive safely and not put pedestrians at risk. Some factors that could indicate a driver’s liability include:
- Speeding: If the driver was driving at speeds above the recommended legal limits within the parking lot, they may be found negligent for contributing to the accident’s severity.
- Distracted driving: Texting, eating, or using a phone while driving are habits that take away a driver’s attention, hindering them from stopping in time to avoid hitting a pedestrian. This breach of reasonable care can make them liable for an accident.
- Failure to yield: Drivers must give way to pedestrians at the designated crossing points, and failure to do so may result in an accident in which the driver may be held liable.
- Driving under the influence: It’s illegal for a driver to operate a vehicle while impaired. An intoxicated driver will almost certainly bear the brunt of liability if they hit a pedestrian.
Skilled Pearland pedestrian accident attorneys can evaluate your case details to determine how the driver’s negligence directly contributed to the collision and establish liability. They can also establish whether liability is shared.
The Pedestrian
There are situations in which you could be found liable for an accident in a parking lot, such as the following:
- You crossed behind a parked car in a zone not marked as a crossing zone
- You crossed in front of a moving vehicle without first determining whether doing so was safe
- You placed yourself in a risky crossing situation by not paying attention, going in the wrong direction, or being distracted by being on your phone while crossing.
Parking Lot Owner
The accident could have been due to factors beyond your or the driver’s control, transferring liability to another party. The parking lot owner could be to blame for the accident if:
- They didn’t adequately maintain areas like the crosswalks within the parking lot
- Hazardous objects on the property, such as landscaping, can obstruct visibility for drivers and pedestrians
- Poor lighting on the property can make it difficult for motorists to spot pedestrians, increasing the risk of accidents after dark.
- The overall design of entrances and exits in parking lots can make it unnecessarily difficult for pedestrians to access and exit these spaces, increasing their risk of being hit by vehicles entering and exiting.
The law requires property owners to properly maintain these spaces to ensure safety for everyone. If an accident occurs due to the above factors, liability may extend to the owner.
How is Fault Determined?
When pursuing compensation from the at-fault party, it is often a case of your word against theirs since a negligent party is not likely to readily admit liability. Pearland pedestrian accident lawyers say you must provide substantial evidence to prove your claims. They can conduct a detailed investigation to bring out the facts surrounding the accidents. The process entails:
- Analyzing all physical evidence at the accident scene, such as skid marks, hazardous materials, potential defects, and traffic signs.
- Reviewing video footage that shows the events leading to the accident and what happened thereafter.
- Inspecting safety logs
- Analyzing toxicology reports on any potentially impaired parties
- Collecting statements from accident reconstruction experts
- Reviewing statements from eyewitnesses who saw the events unfold
- Confirming that all cars and drivers involved were following applicable laws.
Proving Negligence
Once you establish who was at fault for the accident, you must also prove their negligence that caused the collision, leading to your injuries. Brazoria County personal accident attorneys say proving negligence entails showing that the at-fault party:
- Owed you a duty of care to protect you from a collision
- Breached their duty of care through their actions or inaction
- This violation led to the accident that caused your injuries
- You suffered damages for which you seek compensation
Proving these elements requires a lot of work, so it’s advisable to retain the skills of experienced Pearland pedestrian accident lawyers to help your case.
An Experienced Personal Injury Attorney Helping You Prove Liability for a Pedestrian Accident at a Parking Lot
As a pedestrian injured in a car accident at a parking lot, you can pursue damages from the at-fault party if you can prove how their negligence contributed to your injuries. Multiple parties could be at fault, but establishing their negligence can be complex. Let knowledgeable pedestrian accident attorneys in Brazoria County help you prove your case.
The Kahn Law Firm, P.C., hosts dedicated pedestrian accident lawyers who can handle your case. We have many years of experience representing clients in pedestrian accidents caused by someone else. Trust us to fight for the most favorable outcome in your case. Call us at 713-999-6549 for a FREE consultation.
