Yes, you can sue if you were hit by a car accident in a parking lot. However, you must prove another party was at-fault for your parking lot accident before you can sue.
The police might write a report if there were injuries in the crash, but often you have to prove to the insurance company who was at fault. At the Law Office of Jason R. Schultz, PC, we will collect the evidence and build your case to get you all the compensation you deserve.
How to Determine Who Was at Fault in a Parking Lot Pedestrian Accident
Pedestrians usually have the right of way, so drivers are often held responsible for striking walkers, but these four factors determine who is negligent and thereby at fault:
Duty of care - Drivers have a commitment to proceed with caution in parking lots, keeping a careful lookout for pedestrians and other vehicles. Pedestrians have an obligation to walk carefully, paying attention to their surroundings and watching out for cars and other hazards.
Breach of Duty of Care - If a driver drives too fast for the circumstances in a parking lot or fails to watch out for pedestrians and other vehicles, she has breached her duty of care. If a walker does not look where he is going or darts out into driving lanes without looking, he has violated his duty of care. A party who violates the duty of care is negligent.
Causation - If an accident is the end-result of negligence, the careless person caused the wreck. Ask your car accident attorney if you are not sure that causation is clear in your situation.
Damages - There must be measurable damages from the accident. For example, if the vehicle made contact only with the walker’s backpack, but no one suffered injuries, she cannot sue. A “close call” that frightens a person is not, by itself, grounds for a lawsuit. On the other hand, if the pedestrian needed medical treatment for injuries from the accident, she can claim the driver for her damages.
You can get compensation for your:
- Medical bills
- Lost wages
- Pain and suffering
How to Avoid Being Hit by a Vehicle When Walking Through a Parking Lot
The National Highway Traffic Safety Administration offers these tips to pedestrians to avoid collisions with vehicles:
- Do not assume that a driver sees you. The driver could be distracted, under the influence, or just not notice you.
- Cross at locations where a driver would expect you to be, instead of darting out from between parked vehicles.
- Be more cautious at night or when wearing dark clothing.
- Only enter a driving lane in a parking lot in well-lit locations, after looking both ways.
- Make sure you have more than enough time to clear the driving lane without any approaching vehicles having to slow down to avoid hitting you.
At the Law Office of Jason R. Schultz, P.C., we hope you will avoid injury when walking through parking lots. No matter how careful you are, however, sometimes accidents happen. If you suffered damage as a pedestrian, please call us at 404-474-0804, and we will schedule your free consultation.