Like ordinary roads and highways, parking lots are governed by right-of-way rules. If you are involved in a parking lot accident in which you were injured, you may find yourself confused about whether and what your legal recourse is. The experienced Syracuse car accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys have more than 35 years of experience seeking best results for accident victims. A number of factors may go into determining who was at fault. The other party involved in the accident may have aggressive legal representation and it’s important to seek the same when trying to recover damages for your injuries.
Parking Lot AccidentsIt Can Be Challenging to Know Who Was at Fault for a Parking Lot Accident. Collisions May Occur in a Major Parking Lot Thoroughfare That Exits Onto a Street, or They May Occur in the Smaller Lanes That Jut Out From the Thoroughfares. Generally, Drivers in the Thoroughfares Have Right-of-way Over Those Joining the Thoroughfare From Smaller Lanes. a Driver Who is Traveling in One of These Smaller Lanes Should Yield [Link to Failure to Yield] to You if You Are Driving Through the Thoroughfare to the Parking Lot Exit or if You’re Entering the Parking Lot Through the Thoroughfare.
Likewise, a Driver in a Parking Spot Should Make Sure It’s Safe to Back Up Into Traffic. Likewise, Drivers Should Take Care to Drive Through the Parking Lot Slowly in Case of Pedestrians or Another Vehicle Backing Up From a Spot. Drivers Also Need to Abide by Any Posted Signs, Such as “Yield” Signs, in the Lot.
Liability for Parking Lot Accidents in Upstate New YorkIf you were injured by another driver, our Syracuse personal injury lawyers may be able to establish liability by proving the other driver’s negligence. This means we would need to show it’s more likely than not: (1) you were owed a duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. Another driver might breach the duty to use reasonable care, for instance, if he reversed at high speed out of a parking spot and crashed into you as you drove through one of the lanes. Similarly, a driver might breach the duty of care, if he failed to yield to you as you drove towards the exit of the parking lot. Another example of failure to use reasonable care would be if a drunk driver lost control of his vehicle in the parking lot and ran into your car while you were parked inside.
The insurer for the other driver will try to find ways in which you were at fault for the accident. Under the doctrine of comparative negligence, your damages can be reduced by an amount equal to your degree of fault for an accident. For example, if the jury determines your losses arising out of injuries in an accident are $100,000, but you and the other driver both backed out simultaneously from different parking spots and are, therefore, each responsible for 50% of the accident, you would only be able to recover $50,000. You would be responsible for the other $50,000.
Pedestrian accidents are also common in parking lots. If you were walking through a parking lot to your car one evening and a distracted driver looking at his phone struck you while traveling at 20 mph, you may be able to recover damages.
DamagesWhen our personal injury attorneys are able to establish another party’s liability, we may be able to recover compensatory damages. These damages may be both economic and noneconomic and may include medical expenses, lost wages, replacement services, pain and suffering, mental anguish, and loss of enjoyment.
Consult a Seasoned Car Accident LawyerIf you or a loved one was injured in a parking lot accident, the Syracuse car accident lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys may be able to represent you. We’ve recovered more than $100 million in personal injury awards and settlements. We represent those who’ve suffered brain injuries in Buffalo, Albany, Auburn, Wampsville, Oneida, Rochester, Utica, Watertown, Lowville, Elmira, Oswego, Canandaigua, Lyons, Ithaca, Cooperstown, Herkimer, and Binghamton. Complete our online form or call us at 833-200-2000.