People don’t often appreciate the risks of injury and even death in parking lots because the vehicle speeds are typically very low. However, at such low speeds, drivers tend to be less focused on driving and more likely to be distracted by other things as they enter or exit a parking lot.
The Dallas car accident attorneys at Wolf Law, PLLC, understand how these cases can become complicated. Therefore, we have established guidelines on what to do if you are hit by a car in a parking lot.
There’s a Good Chance You May Get Hit By a Car in a Parking Lot
Parking lots tend to be busy places with limited space for cars and people to come and go. Drivers must pay attention to other cars as well as pedestrians when entering and exiting parking spaces or maneuvering down the rows. The problem is that many drivers admit to allowing their attention to be elsewhere while driving in a parking lot.
Driver distraction is a common reason that cars collide with other vehicles or pedestrians in parking lots. The National Safety Council (NSC) reports that there are tens of thousands of crashes that occur in parking lots or garages each year, and those collisions take hundreds of lives and injure thousands more.
Distracted Driving in Parking Lots
According to a public opinion poll, the NSC found that 66% of the nation’s drivers make phone calls while driving through parking lots. The survey respondents also admitted to allowing their driving attention to be diverted by the following activities:
- 63% program GPS systems
- 56% text
- 52% social media
- 50% email
- 49% taking pictures or watching videos
Due to their size, young children are particularly vulnerable to being struck by cars in parking lots. According to information from the national non-profit Kids and Car Safety, every week, there are 110 children hit by vehicles in parking lots or driveways because drivers can’t see them.
What to Do After Being Hit by a Car in a Parking Lot
Whether another vehicle hits you while you are in your car or as a pedestrian, the following steps are recommended to comply with the laws and protect your legal rights:
Call 911
Texas drivers must call police to create a report if anyone is injured or there is property damage of at least $1,000. A police report can be very helpful for establishing liability, and when dealing with insurance companies.
Exchange Information
All persons involved in an accident injuries or vehicle damage must remain at the scene, exchange contact information, and render aid if appropriate.
Gather Evidence
Evidence is especially important if the police don’t prepare a report, but even with a police report, it is a good idea to gather your own evidence.. Take pictures of the scene and the damage to the vehicles. Obtain contact information from any witnesses and record their observations.
Note whether the parking lot had a surveillance camera in the area or if any of the vehicles had a dash cam. Write down in detail how the accident happened and include any contributing circumstances.
Notify Insurance Companies
Insurance companies typically require prompt reporting as a condition of providing coverage. However, if you think you have some liability for the accident, it may be better to speak with an attorney first to make sure you don’t jeopardize your legal position. Insurance companies are not always looking out for your best interests, so it’s essential to prepare before speaking with them.
Seek Medical Attention
Get a medical checkup as soon as possible after the accident. Injury symptoms may be delayed and are more challenging to connect to the accident without a timely medical evaluation.
Consult an Attorney
Many car accident lawyers offer free consultations. This is an excellent opportunity to gain valuable information you can use to protect yourself and further your interests.
Be Mindful of What You Say About the Accident
It’s essential to keep in mind that what you say to the police or anyone at the scene may have later legal consequences. Try to stick to reporting the facts only.
Don’t admit anything or apologize for your behavior. The same goes for speaking with insurance company representatives. Answer truthfully and narrowly only the questions asked.
Who is Liable for a Parking Lot Accident?
Liability for a parking lot accident is based on negligence. The inquiry centers on who had the duty to perform what actions and who failed to fulfill these legal responsibilities. The rules of the road generally apply in parking lots, and there are also specific laws governing parking lot driving.
Drivers
Drivers are usually at fault if they hit a pedestrian in a parking lot because they have a duty to watch out for pedestrians. Two drivers who hit each other while backing out of parking spaces may share liability because each has a duty to watch out for the other.
Texas drivers are specifically prohibited from using parking lots as shortcuts to avoid traffic controls or to access adjoining roadways.
Parking Lot Owners/Operators
Parking lots are usually privately owned, which means the owner or operator may be liable if the parking lot’s conditions are unsafe and contribute to an accident. Premises liability is a specific type of negligence based on a property owner’s duty to maintain the property in a reasonably safe condition for visitors.
For instance, if a pedestrian tripped and fell due to a large pothole in the parking lot only to be struck by a vehicle that didn’t see them on the ground, the property owner may be liable for not fixing the pothole.
Where to Find the Right Legal Help after a Car Accident
Being hit by a car in a parking lot can inflict serious injuries and may require a strategic legal analysis to determine liability. The experienced personal injury attorneys at Wolf Law, PLLC, in Dallas, are dedicated to obtaining the best possible outcomes and fighting relentlessly for the rights of each injured client. If you were hit by a car or injured in a car accident, Wolf Law, PLLC, can help. Call for a free consultation.