Collect the Compensation You Deserve after a Parking Lot Accident
Parking lots are dense and have a large amount of activity, making accidents surprisingly common. The team at Wenholz | Dow, P.C., Trial Lawyers understands the unique considerations involved in parking lot accidents and can investigate your situation to determine the optimal course of action for you. If you or a loved one were injured in a parking lot accident, contact our Austin, TX, firm online or call (512) 478-2211 today.
Understanding Parking Lot Accidents
Parking lots are usually busy, full of cars pulling in and out and fighting for a good spot. The high level of activity from both cars and pedestrians combine to create the perfect opportunity for an accident. Recovering compensation after a parking lot accident requires a comprehensive analysis of how the incident happened.
In most cases, insurance companies are hesitant to pay a claim, which is why having a competent attorney by your side is critical to the success of your claim.
However, the unique nature of this type of accident can make it difficult to prove who was at fault. In most cases, a police officer will not visit the scene, creating “he said, she said” scenarios. You might need to rely on witnesses to support your claim. Our attorneys can thoroughly investigate the facts of your case and determine the best way to proceed.
Determining Who Is at Fault
In a parking lot accident, there are three main factors to consider when assessing liability:
- Who had right of way
- Whether the vehicles were in motion
- Where the accident took place
These factors can all play a significant role in how to handle your case. An insurance company will look at these facts and award damages or deny a claim depending on the circumstances. In most cases, insurance companies are hesitant to pay a claim, which is why having a competent attorney by your side is critical to the success of your claim.
Right of Way
When pulling out of a spot, a driver is required to yield to cars driving in the lane looking for a parking space. Drivers are also required to stop at all signs where lanes intersect or lead to an exit road.
If one car is at a standstill and struck by another, the car that was moving is generally at fault. However, if both cars were in motion at the time of the accident, the situation becomes more complex.
Where the Accident Occurred
It is important to identify the type of lane as either a thoroughfare or a lane. A thoroughfare is similar to a road and leads to an exit or connects different areas of the lot. Cars stopped at stop signs are required to give cars on a thoroughfare without a stop sign the right of way. In addition, cars exiting to a main road from a parking lot thoroughfare must yield to cars on the roadway.
A lane is the area where cars drive while looking for a place to park. Parked cars must yield the right of way to the cars in motion.
Common Types of Parking Lot Accidents
Parking lot accidents can happen in a variety of ways. Some of the most common types include:
- Two drivers backing into each other, usually while both are backing out of space across from one another.
- Backing into another car driving in the lane in search of a parking space.
- Two cars hitting one another when attempting to pull into the same spot.
- Being rear-ended while stopped at a stop sign.
Depending on the type of accident you encounter, our team can tailor his strategy to suit the unique facts of your case.