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Parking Lot Accidents: When Can a Property Owner Be Held Liable?

Parking Lot Accidents: When Can a Property Owner Be Held Liable?

Parking lots may seem safe because drivers are moving at fairly slow speeds. However, they’re anything but. Can a property owner be held liable for a parking lot accident? In some cases, yes. An NYC premises liability lawyer explains more below.

When Can You Hold a Property Owner Liable for a Parking Lot Accident?

About 50,000 car accidents occur in parking lots every year, and around 500 people lose their lives in such incidents annually. These statistics show just how important it is for grocery store owners to keep their properties safe for patrons inside and out. If a property owner or parking lot owner acted negligently, you may be able to seek compensation from them through a premises liability claim.

Here are some examples of negligence that you could hold a parking lot owner liable for:

  • The parking lot owner failed to install adequate lighting. Because of the poor lighting, a parked driver couldn’t see you passing behind and backed into your car.
  • The parking lot owner didn’t install adequate signage. The confusing lack of directions caused you to enter the parking lot through an exit-only lane, and another car hit you head-on.
  • The parking lot was full of potholes that the owner neglected to repair. A driver hit a pothole and spun out into your car.

Proving Property Owner Negligence in a Premises Liability Case

To recover damages from the property owner for a parking lot accident, your lawyer must prove their negligence. This is somewhat different from proving negligence for a general personal injury case.

Your parking lot accident attorney must establish that:

  • The parking lot owner owed you a duty of care. This simply means that they were responsible for keeping the parking lot in a safe condition.
  • The parking lot owner was aware of a hazard, such as poor lighting or a lack of signage, but didn’t fix the issue.
  • The owner’s lack of action contributed to your accident and injuries.

Who Is at Fault in a Parking Lot Accident? Other Parties That May Be Liable

In addition to the property owner, you may be able to seek compensation from other parties. The driver who hit you is likely at least partly liable for the crash. You can also hold a driver’s passengers liable if they caused a distraction for the driver, which in turn caused your accident.

Pedestrians are commonly liable for parking lot accidents as well. Consider this scenario: After a nice meal at your favorite restaurant, you hop in your car and prepare to head home. Suddenly, an intoxicated restaurant patron stumbles in front of your vehicle. You swerve to avoid hitting them and collide with another car. You could hold the pedestrian liable for your damages.

Common Parking Lot Accidents

Common Parking Lot Accidents

Here are a few common types of accidents that happen in parking lots:

  • Rear-end collision: A fender bender can occur from speeding or braking too hard, causing the following car to hit the one in front of it.
  • Side impact: Side impacts often occur when visibility in a parking lot is poor. For example, a driver might pull out thinking they’re in the clear, only for a car they didn’t see to slam into their passenger-side door.
  • Hit-and-run: Hit-and-runs are very common in parking lots, especially when drivers cause property damage to unattended cars. They may drive away in hopes that no one saw the accident.

What Causes Parking Lot Accidents?

A parking lot accident can have a wide range of causes. Some of them include:

  • Failure of the property owner to install good signage and lighting
  • Speeding through the parking lot
  • Driver intoxication
  • Not giving pedestrians the right of way
  • Failure to follow signs in the parking lot

Driver distraction due to cell phone use is a major cause of parking lot accidents. In one poll, 66% of drivers said they make phone calls while driving in parking lots, and a startling 49% admit to using their phones to take pictures and record videos while in motion.

What To Do After a Parking Lot Accident

After a parking lot accident, you may be unsure of where to turn next. Follow these tips to maximize your chances of fair compensation:

  • Gather Evidence: Collect evidence at the accident scene, including photos of damage to your car and your injuries. Look for things that might have contributed to the crash, such as bad lighting or missing signage.
  • Talk to Witnesses: If anyone in the parking lot saw the accident, ask if they’ll make a statement. Also, ask for their contact information so your parking lot accident attorney can discuss their statements with them later.
  • Exchange Information With the Driver: Ask the other driver for their insurance and contact information. During this interaction, do not admit fault for the accident and try to remain calm.
  • Seek Medical Care: It’s important to see a doctor after your parking lot collision, even if you don’t seem to be hurt. Injuries aren’t always immediately apparent and can take days to become noticeable after an accident.

Also, hire a parking lot accident lawyer to help gather evidence, build your case, negotiate with the insurance company, and much more.

Contact a Brooklyn Premises Liability Lawyer Now

If you’d like to know whether you can hold a property owner liable or want to learn about causes of slip-and-fall accidents, reach out to Ross & Hill at (718) 855-2324 for a free consultation.

Frequently Asked Questions

Learn more about parking lot accidents below.

How Long Do You Have To File a Premises Liability Claim?

New York gives you three years from the date of a parking lot accident to file a premises liability claim.

Can You Sue a Pedestrian for a Parking Lot Accident?

It’s possible to sue a pedestrian if they caused your parking lot accident. You can also sue passengers for causing a distraction.

How Much Is a Parking Lot Claim Worth?

Because all cases are different, you’ll need to contact a parking lot accident attorney to discover the value of your claim.

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