At the Downtown LA Law Group, we know that there are any ways in which individuals can get injured. One of the less common ways, but equally devastating, is by getting involved in control arm in accidents. These accidents often happen in parking lots and parking structures; the gates can have any number of issues, and many people, from drivers to passengers to pedestrians, can be hurt. If you have been involved in such an accident, contact our parking lot control arm injury lawyers today.
Causes of Parking Gate Control Arm Injuries
If you were in a parking lot or parking structure, you may have been hurt by a control arm. It is important that you identify the cause of the accident. Sometimes, the cause can be attributed to a worker, while other situations point to negligent companies that manufactured the gate. Some examples can be found below:
- Vehicles trying to enter or exit: The control arms are primarily meant to ensure that drivers will pay their rightful fees when parking in lots and structures. However, some vehicles may try to speed by, which can cause accidents. If you are with a driver who tries to cheat past the control arm, you could be injured if it comes down on the roof of the car.
- Trying to walk underneath an open gate: It is generally unwise to walk under an open control arm gate. They may suddenly swing down and they are extremely forceful. These gates are usually operated with activation sensors or timers, and either way, you are running a huge risk. You will not be able to set off the sensors, and if you go under the gate at the wrong time, it will come down regardless of what is underneath it.
- Improper automation: Automation can work for some situations, but ni some parking structures, it can be dangerous. If you do not clear the gate in time, it will close, causing injuries. The gate should be appropriately automated with working intervals to prevent injuries from happening.
- Defective gate arm: The gate arm may be defective if it slams down with too much force or if it detaches from the lever. It can also short circuit and continually move up and own. The most common defects involve manufacturing errors and issues that arise when parts have become faulty. There should be ample warning signs nearby, but if none are around, you could sue if you are hurt.
- Wear and tear: Constant usage of the gate can result in the springs becoming worn down and the electronics short circuiting. The mechanics of the gate may become compromised, and the arm can easily suddenly fall apart one day after months of no investigation or maintenance.
- Negligent worker operation: Some gates require workers to lift them with a button and close them as well. These arms can be dropped on people if the worker is not paying close enough attention.
There are a few safety features that can be added to ensure that people are protected from control arms. These safety features include upgraded sensors that are not limited to identifying vehicles and can instead identify pedestrians as well; alarms that can both audibly and visibly show that the control arm is descending; safety mechanisms that force the control arm to retreat when a certain amount of force is applied from the bottom; better worker training; and more.
No matter what the cause of the control arm accident, you should take appropriate legal action against the proper party. We can help you sue the right people for your deserved restitution.
Negligence and Responsibility
A parking lot control arm and control gate are maintained by the property owner, whether that is the owner of the lot, the parking structure, or the business. Therefore, you would have to file a premises liability claim
if you wish to pursue compensation. You will be considered one of three types of visitors: licensee, or a social guest; invitee, or a customer present for a mutual benefit; or trespasser, or someone with no legal right to be on the property.
To sue, you must prove one of these three points is valid:
- The property owner knew there was an issue with the control arm and did nothing to fix it
- The property owner caused the issue with the control arm himself
- The property owner was not aware of the control arm problem but reasonably should have been
In the majority of cases, property owners do not know that there are issues. They do not schedule regular maintenance or they do not investigate the control arms more than once every year or two. Thus, the high usage rate can contribute to wear and tear, or there may be a defect that was not caught. Either way, the property owner can be held responsible.
Procedure after a Parking Lot Control Arm Injury
It could be confusing to know what to do after you have been hurt because of someone else’s negligence, especially if you were hurt at a location like a parking lot. If you follow these steps, you will be aptly prepared for a lawsuit and your health will be prioritized.
Victims of accidents at parking gates
should get medical attention at once. If you feel that you were not injured, you should still be evaluated. Some injuries may not appear immediately or they may be readily apparent to you. If you do not get medical help quickly, you run the risk of being denied by the insurance agency. This is because a gap between the injury and medical treatment looks suspicious, and the agent can claim that you were likely hurt elsewhere – or at the very least there is no way to know if the injuries were caused by the gate.
You can keep the receipts from the hospital and the notes from the doctor. Additionally, you should have photos of your injuries to show the extent of the damage.
You should then take pictures of the control arm and the defect
, or the scene of the incident. I there is security footage that you can get form the cameras, you should do so. It can be hard to acquire, though, especially if the property owner is reluctant or denies negligence.
If there were any eyewitnesses or bystanders who saw the event happen
, you could interview them for their statements and testimonies about the incident. They can provide you with additional perspectives and details that will support your claim.
It is worthwhile to get the information of the private property owner or the manufacturer of the control gate. This will allow you to direct your lawsuit to the correct entity.
Finally, it is important that you reach out to a qualified lawyer with experience in parking lot control arm injuries and accidents
. You may not have any negotiating experience or legal abilities yourself, and if you try to move forward with a claim without knowing what to do, you will likely fail. Our lawyers can ensure that your claim is successful and you are given every penny you deserve.
Earnings from a Parking Lot Control Arm Injury Lawsuit
If you were hurt in a parking lot or parking structure because the control arm
came down on you, you could earn various amounts of compensation for your damages. The owner of the property or the manufacturer of the control gate could both be responsible for your expenses. You could receive coverage for the following:
- Medical bills from the past and future to pay for surgery, hospitalization, medication, physical therapy, and more
- Property damage to anything you owned that was broken or needed to be repaired
- Lost income from the time you spent away from work due to injury or recovery
- Pain and suffering for emotional trauma, PTSD, anxiety, fear, and psychological suffering from the aftermath of the incident
If you were injured, we can help you win the settlement you deserve. The injuries can be extensive and the recovery time may be much longer than anticipated. Without proper representation, the extent of these bills can cause you to run up numerous debts.
Deadline to File a Lawsuit
Individuals who were hurt by parking lot control arms do not have infinite amounts of time to take legal action. If you intend to file a personal injury claim
of any kind, you must do so within 2 years of the date of the injury. If you fail to meet this deadline and try to file a claim past the date, you will be prevented from earning any compensation. Too many claims are left without any attention because victims do not know the statute of limitations.
There are a few ways in which the statute of limitations can be extended, though. For example, you could be a minor at the time of the injury, which means that you cannot legally sue by yourself. As a result, you could wait until you turn legal age, at which point, the statute would begin counting down. You always may have been seriously injured after the incident to the point that you were left physically or mentally incapacitated. If so, you could wait until you return to functioning health or presence of mind to sue. Moreover, you must have a specific target who is in the state if you file a claim. If the defendant has vacated the state, the statute of limitations would be suspended until he returns.
To make sure that you do not run the risk or missing out on your statute of limitations, you should call our firm. We will submit all of your documents on time and ensure that your case is filed within the correct time frame. We do not miss deadlines.
Let Us Help
The Downtown LA Law Group
has handled numerous cases wherein victims have been injured in parking lot gate injuries. We have seen defective gates hurt people and we know the best tactics to win these claims. Our aggressive lawyers are qualified and well versed in the law, and we promise to do everything in our power to win you the compensation you need.
Call today for a free legal consultation
to discuss your case. We will walk you through the legal process and tell you how much we think we can win for your claim. If you want us to represent you, we will give you our zero fee guarantee. This is a statement that promises you that you won’t have to pay any money out of pocket for our help. We will get paid only if we win, and the money will come from the insurance agency settlement. If we lose, we do not get paid at all.
Don’t let your injuries from a parking lot control arm affect
your life too much and run you into debt. The Downtown LA Law Group can assist you