Recovering Damages From a Parking Lot Incident in Blackwell, OK
Parking lot crashes get treated as inherently minor. People assume low speeds mean low harm. But low speeds don’t mean low harm. Parking lots also operate in a legal gray zone. Different rules apply, fault determination is more complicated, and the parties involved go beyond just the drivers. An attorney familiar with these distinctive claims builds parking lot cases properly.
Why Parking Lots Are Their Own Category
Private Property, Not Public Roadway
Most parking lots are on private property. This affects the applicable law.
Traffic laws applicable to public roads may have limited application but reasonable care principles still apply.
Mixed Use Creates Complexity
Parking lots involve:
- Vehicles in motion
- Stationary vehicles
- Pedestrians
- Various wheeled items
- Loading operations
Multiple use types create multiple risks.
Limited Sight Lines
Parking lots have visibility limitations. This drives many crashes.
Less Defined Lanes and Direction of Travel
In contrast to standard roads, directional flow is often less clear. Drivers are sometimes unsure about expected vehicle paths.
Pedestrian-Vehicle Interaction
Constant pedestrian presence. This produces distinctive pedestrian hazards.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing-up incidents.
These typically involve:
- Two vehicles backing into each other
- Vehicle backing into a vehicle in the driving lane
- Vehicle backing into a parked vehicle
- Vehicle backing into pedestrians or shopping carts
Lane Crashes
Driving-lane crashes involve frontal crashes, lateral crashes, priority disputes.
Sideswipe Crashes
Parking sideswipes.
Pulling-Out Crashes
Egress crashes from parking spaces.
Pedestrian Crashes
Vehicle-pedestrian crashes in parking lots produce devastating outcomes.
Backing-Up Pedestrian Crashes
Pedestrians struck by reversing vehicles.
Particularly devastating for children, elderly pedestrians, and those with mobility issues.
Pedestrians Crossing Driving Lanes
Crossing pedestrians are vulnerable to moving vehicles.
Pedestrians Between Vehicles
Pedestrians walking between parked vehicles.
Crashes With Stationary Objects
Stationary object strikes.
Shopping Cart Incidents
Shopping carts loose in parking lots can cause damage.
Falls in Parking Lots
Slip and trip incidents from various premises issues.
Loading and Unloading Incidents
Injuries during loading or unloading vehicles happen periodically.
The Premises Liability Component
Alongside motor vehicle liability, parking lot accidents often involve premises liability.
Property Owner Liability
Owners have premises liability duties.
Premises liability theories include:
Inadequate Lighting
Insufficient lighting in parking lots.
Surface Defects
Potholes, uneven pavement, cracks, or other surface defects that cause crashes or falls.
Inadequate Snow and Ice Removal
For winter conditions, inadequate winter maintenance generates incidents.
Inadequate Drainage
Standing water drive incidents.
Sight-Line Obstructions
Visual obstructions that block visibility can contribute to crashes.
Inadequate Signage
Inadequate or missing traffic control signage.
Inadequate Security
For parking lots in areas with crime risk generate premises liability.
Who Can Be Held Liable?
The Other Driver
Primary defendant carries primary liability.
Multiple Drivers (in Multi-Vehicle Cases)
Various contributing drivers can face liability.
Property Owner
Property owners can face premises liability.
Property Manager
Property management companies can share liability for management failures.
Snow and Ice Removal Contractors
Snow/ice removal contractors can face liability for inadequate snow and ice removal.
Pavement Maintenance Companies
Surface maintenance companies can face liability for pavement defects.
Lighting Companies
Where lighting is contracted out can face liability.
Vehicle and Component Manufacturers
Product defect cases can implicate manufacturers.
Maintenance Companies
Where vehicle maintenance failures contributed can create separate liability.
Government Entities
Government-owned parking lots, special procedures govern.
Common Insurance Defenses
“Both Drivers Were at Fault”
Comparative fault.
“The Plaintiff Wasn’t Paying Attention”
Inattention defenses.
“The Other Driver Couldn’t See You”
Visibility defenses.
“The Crash Was Minor — Injuries Don’t Make Sense”
Severity-disputes. Counter requires thorough medical records.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
Where law enforcement can be involved, request a police report.
For incidents police won’t respond to, consider other documentation: comprehensively document, capture witness information.
Photograph Everything
Comprehensive scene documentation is critical for parking lot cases.
Include:
- Vehicle damage
- Position of vehicles
- Light levels
- Painted markings
- Signage
- Surface conditions
- Visibility evidence
Identify Witnesses
Other drivers, pedestrians, employees of nearby businesses offer essential corroboration.
Photograph the Surrounding Property
Premises documentation.
Document the Property Owner
Identify the parking lot owner.
Get Medical Attention Immediately
Even with no obvious injuries, prompt medical evaluation is essential.
Don’t dismiss your own injuries. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Many parking lots have surveillance cameras.
Note camera locations and request preservation.
Don’t Discuss Fault
Leave fault determination to investigators.
Don’t Speak With Insurance Adjusters Without Counsel
Carriers contact victims promptly.
Damages Available
Compensation can include:
- Past and future medical expenses
- Lost wages
- Permanent occupational limitations
- Property damage
- Loss of enjoyment of life
- Loss of consortium
- Enhanced damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Pedestrian victims often have stronger cases than they realize.
Drivers owe duty to pedestrians, favorably positioning pedestrian cases.
Pedestrian cases support significant damages given the catastrophic nature of even moderate-speed vehicle-pedestrian impacts.
Special Considerations for Premises Liability Cases
Where property contributed via various premises conditions, premises liability supplements auto claims.
Multiple defendants result.
Attorney Costs
Parking lot accident attorneys charge no upfront fees. First meetings carry no charge.
Move Quickly
Multiple time pressures apply.
Camera evidence has limited retention.
Witness recollections require prompt investigation.
Property conditions can be changed, necessitating quick documentation.
OK’s statute of limitations sets a hard cutoff.
Engaging counsel right away triggers preservation steps.