Parking Lot Accident Claims in McAlester, OK
Parking lot incidents are routinely dismissed as trivial. People assume low speeds mean low harm. Low speeds aren’t synonymous with low harm. Parking lots also operate in a legal gray zone. These cases involve distinct legal complexities. An attorney familiar with these distinctive claims navigates the distinctive complexities these cases involve.
Why Parking Lots Are Their Own Category
Private Property, Not Public Roadway
Most parking lots are on private property. This changes the legal framework.
Traffic laws applicable to public roads may have limited application though reasonable care still applies.
Mixed Use Creates Complexity
Parking lots see:
- Vehicles in motion
- Stationary vehicles
- Pedestrians
- Cart usage
- Loading operations
This mixed use creates distinctive hazards.
Limited Sight Lines
Parked vehicles block sight lines. This drives many crashes.
Less Defined Lanes and Direction of Travel
Different from regular streets, traffic patterns can be ambiguous. Drivers are sometimes unsure about right-of-way.
Pedestrian-Vehicle Interaction
Constant pedestrian presence. This generates significant pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing-up incidents.
Common scenarios include:
- Mutual backing
- Backing into traffic flow
- Backing into stationary vehicles
- Backing into people
Lane Crashes
Lane-based incidents include head-on crashes from drivers not yielding, sideswipes from inadequate lane awareness, right-of-way crashes.
Sideswipe Crashes
Lateral parking crashes.
Pulling-Out Crashes
Vehicles pulling out of spaces struck by passing vehicles.
Pedestrian Crashes
Pedestrians struck by vehicles in parking lots are particularly dangerous.
Backing-Up Pedestrian Crashes
Pedestrians struck by reversing vehicles.
Particularly devastating for children, elderly pedestrians, and those with mobility issues.
Pedestrians Crossing Driving Lanes
Pedestrians walking through driving lanes are vulnerable to moving vehicles.
Pedestrians Between Vehicles
Pedestrians walking between parked vehicles.
Crashes With Stationary Objects
Vehicles striking light poles, walls, signs, or other stationary objects.
Shopping Cart Incidents
Loose carts create distinctive incidents.
Falls in Parking Lots
Pedestrians falling in parking lots driven by surface conditions.
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 claims involve:
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 drives slip-and-fall and vehicle crashes.
Inadequate Drainage
Drainage problems create hazards.
Sight-Line Obstructions
Sight-line issues that limit 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
The at-fault driver is the primary defendant in vehicle-to-vehicle parking lot crashes.
Multiple Drivers (in Multi-Vehicle Cases)
Various contributing drivers can face liability.
Property Owner
Property owners may bear 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
Maintenance-related causes can create separate liability.
Government Entities
Government-owned parking lots, sovereign immunity considerations exist.
Common Insurance Defenses
“Both Drivers Were at Fault”
“Both of you were partly at fault”.
“The Plaintiff Wasn’t Paying Attention”
Defense argues plaintiff distraction.
“The Other Driver Couldn’t See You”
Visibility arguments.
“The Crash Was Minor — Injuries Don’t Make Sense”
“You couldn’t be that hurt”. This requires complete medical evidence.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
For all but the smallest incidents, don’t leave without official documentation.
For incidents police won’t respond to, use the alternatives: capture everything you can, capture witness information.
Photograph Everything
Visual evidence is especially important in parking lot cases.
Document:
- Both vehicles, all damage
- Vehicle positions
- Lighting conditions
- Painted lines
- Signage
- Pavement conditions
- Visibility evidence
Identify Witnesses
Independent observers can provide critical evidence.
Photograph the Surrounding Property
Property documentation.
Document the Property Owner
Premises owner identification.
Get Medical Attention Immediately
Even with no obvious injuries, prompt medical evaluation is essential.
Don’t minimize. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Camera coverage is common.
Track camera locations to request preservation.
Don’t Discuss Fault
Leave fault determination to investigators.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters reach out quickly.
Damages Available
Recoverable losses include:
- Past and future medical expenses
- Earnings affected by injury
- Diminished earning capacity
- Vehicle repair or replacement
- Pain and suffering
- Wrongful death and survivor damages
- Enhanced damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Pedestrians in parking lots have stronger cases.
Drivers must look for pedestrians, generating favorable fault patterns.
Pedestrian cases support significant damages given the catastrophic nature of even moderate-speed vehicle-pedestrian impacts.
Special Considerations for Premises Liability Cases
Where parking lot conditions contributed to the crash through premises issues, premises claims add to vehicle claims.
Various liability paths apply.
Attorney Costs
Parking lot accident attorneys work on contingency. Case reviews cost nothing.
Move Quickly
These cases depend on evidence that disappears.
Video recordings has limited retention.
Witness memories require prompt investigation.
Conditions can be altered, requiring prompt documentation.
The legal time limit sets a hard cutoff.
Engaging counsel right away positions the case for the recovery these cases support despite systematic insurance company minimization.