What should I do if I fall in a parking Lot or parking structure?
Parking lot accidents result in thousands of serious injuries and fatalities each year. Victims of accidents caused by the wrongful negligent or intentional acts of others are entitled to compensation. Liable parties in parking facility accidents often not only include the driver of the vehicle involved in the accident but also the owner/operator of the parking facility for under a premises liability cause of action. Under premises liability laws commercial properties owe a general duty
to visitors to ensure their parking lots are free from dangerous hazards. Liability will be established if a property owner’s failure to abide by safety and health standards results in injury to another.
Common Causes of Accidents in Parking Lots:
Some of the most common cause of parking lot car accidents are as follows:
- Poor Lighting
- Distracted Driving while searching for parking space
- Driving while texting or using a cell phone
- Speeding in Parking Structured
- Failure to Stop on Cross Walks
- Improper Maintenance
- Uneven Walkways
- Structural Defect
- Wet and Slippery Surfaces
- Oil Spillage
- Unsanitary Conditions
Premises Liability: Property Owner of Parking Lot May be Liable for your Accident
A property owner is responsible for proper maintenance
and upkeep of the property including designated parking areas. A property owner’s liability extends to any defects on his property which are a cause of injuries including, slippery stairwells, unsafe elevators, and improper installation of safety barriers.
Landowner or possessors liability varies greatly depending upon the classification of the victim. Generally, all visitors fall into one of three categories:
An invitee is owed the highest duty of care. They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit.
Any individual who enters the premises at the owner or possessors consent for a nonbusiness or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish (all three):
- The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
- The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
- The licensee did not know of the dangerous condition or the risks involved.
How do I protect myself from an elevator accident?
The Value of Your Parking Lot Accident Lawsuit
The amount of compensation you can recover after your parking lot accident depends on the extent of your injuries, and the other damages that were incurred due to your accident. For example, the compensation you can receive if you slip and fall
and break part of your spine, potentially leaving you permanently disabled and unable to work, is substantially higher than if you fall and fracture your pinky finger. And so the only way to determine the compensation for your damages is to know the extent of the damage. That said, it is important that you contact a parking lot accident attorney when you are involved in a parking lot accident so that you can recover the maximum possible compensation for your damages.
Without the proper attorney with experience in parking lot incidents, you will miss out on the amount of compensation you deserve. Insurance companies and adjusters and agents will attempt to unload their liability onto you, or others so that they pay less when it comes to a settlement. An attorney will protect you from attacks from adjusters and others by speaking with them directly. Our attorneys will negotiate with the agents to reduce your bills and increase the compensation — thus putting more money in your pocket.
Learn more about your legal options: Call (888) 649-7166 to speak with a representative now.
Parking lot accidents can vary from slip and fall accidents
to pedestrian run-overs. Figures can range from tens of thousands, hundreds of thousands, and even millions of dollars. To get an understanding of the amount of compensation you deserve for your accident, you have to contact our expert team of lawyers. They will review the facts of your case and give you their professional opinion regarding compensation, procedure, and more.
Further Helpful Information Regarding Property Owner Liability:
– Accidents Caused by Drivers Backing Out or a Their Parking Space
– Parking Lot Pedestrian Accidents
– Accidents Caused by Defective Parking Gate Arms
– Liability for Sexual Assaults in Commercial Property Parking Lots
Common Parking Structure Accident Injuries:
Parking lost accidents are usually low-speed collision leading to minimal damage to the vehicle and individual because people drive slowly in parking lots. But even low speeds like 5-15 miles per hour can cause serious and catastrophic damage to the unprotected human body. Even a body that is protected behind the metallic frame of a car is susceptible to serious low-speed collisions; they mostly depend on how quickly the car came to a full-stop. If it was an immediate stop, the head and neck continue their forward movement, and are heavily strained and pulled and stretched, which can cause painful and sometimes chronic injuries. Parking lot accident
can lead to serious injuries and, at times, fatalities. Some of the most common parking lot accident injuries are as follows:
- Whiplash and Other Neck Injuries
- Spinal Cord Injuries
- Head Injuries
- Fractures Nose
- Facial Lacerations
- Broken Bones in the Leg and Arms
- Internal Bleeding
- Partial- and Full-Amputations
The Ultimate Guide to Slip & Fall Accidents
– Slip and Fall accidents
– Nerve Damage from Slip and Fall Accident
– Legal Questions Regarding a Slip and Fall Claim
– Supermarket Slip and Fall Injury Attorney
– Hospital Slip and Fall Accident
– Brain Injury Caused by Slip and Fall Accidents
– Top 10 Causes of Slip and Fall Accidents
– Due to Leaking Air Conditioner
– Wedding Slip and Fall Accidents
– Defective sidewalk accident
– Miscarriage Caused by Slip and Fall Accidents
– Bowling Alley Injuries
– Slip and Fall FAQ
– Average Slip and Fall Lawsuit Settlement
– Workplace Slip and Fall Accident Attorney
– Slip and Fall Accidents on Sidewalks
– Slip and Fall Accidents in Restaurants
– Who Is Responsible For Sidewalk Maintenance
What Should I do after a Parking Lot Accident:
- Seek immediate medical attention. The most important thing to remember in any accident is that your safety comes first.
- Take as many photos and physical evidence that will prove that your accident was the result of the property owner, manager, or another driver. Proving liability is essential to your claim.
- Report your accident to the property owner or management and make sure the business creates an incident report. Additionally, if there are any security cameras that have recorded the accident, make sure you request the preservation of such records.
- Take photos of all injuries you have suffered as a result of the accident. If you have the ability, take as many pictures of the scene as possible. This will serve as good evidence to prove your case and get you the compensation you deserve for your injuries.
- Get the names, telephone numbers and addresses of all witnesses to your accident. Often times, these are the strongest form of evidence to any parking lot accident.
- Never make any statements, except any form of payment, or sign any forms without first contacting a lawyer. Doing so may reduce or fully waive any rights you have to recovery. This is when agents and adjusters trick you into saying the wrong thing, thus, DECREASING the amount of compensation you will receive. Once they have you on record saying one thing or another (typically admitting complete or, at the very least, partial fault) it is very difficult to redact or retract the statement.
- Contact a personal injury attorney at Downtown LA Law at (888) 649-7166 today.
Statute of Limitations to File a Parking Lot Accident Claim
You have a limited time to file a lawsuit when an incident occurs. This time limit is called the statute of limitations and once it’s expired, you are not allowed to file the lawsuit.
Every crime has a different statute of limitations and typically depends on the maliciousness of the crime. Murder, a heinous moral and legal act, does not have a statute of limitations.
The statute of limitations for parking lot accidents in the state of California is two years. This means that you must file your lawsuit within two years in order for it to be valid and tried properly. If you are a minor, the statute of limitations does not commence until you turn eighteen (18) years of age.
There is another exception to the statute of limitations and that is government claims. If your parking lot accident constitutes a government claim, you must file the suit within six (6) months
How we can help – Filing a Lawsuit for Property Damage and Personal Injury in Parking Lots
Insurance carriers and property owners regularly attempt to low ball victims of parking lot accidents who do not have legal representation. Retaining am aggressive personal injury legal team
will help you garner the compensation you are owed. Remember that it is crucial to act quickly after you’ve been injured to report any accident before any limitations can lower or extinguish your rightful claim
. Call us toll free for a free consultation (888) 649-7166.