Compensation After a Parking Lot Crash in Mustang, OK
Parking lot incidents are routinely dismissed as trivial. The reason is the low speeds involved. Speed alone doesn’t determine injury severity. Parking lots also operate in a legal gray zone. These cases involve distinct legal complexities. A local attorney experienced with parking lot incidents 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 changes the legal framework.
Traffic laws may not directly apply on private property but the duty of care continues.
Mixed Use Creates Complexity
Parking lots see:
- Moving vehicles
- Vehicles at rest
- People on foot
- Shopping carts
- Cargo activity
The variety of activities creates multiple potential interactions.
Limited Sight Lines
Visibility in parking lots is limited. This contributes to many crashes.
Less Defined Lanes and Direction of Travel
In contrast to standard roads, parking lots often lack clear traffic flow indicators. Drivers are sometimes unsure about traffic flow.
Pedestrian-Vehicle Interaction
Parking lots involve constant pedestrian-vehicle interaction. This generates distinctive pedestrian hazards.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing-up incidents.
These typically involve:
- Both vehicles backing
- Backing into the lane
- Vehicle backing into a parked vehicle
- Backing into pedestrians
Lane Crashes
Driving-lane crashes involve frontal crashes, sideswipes from inadequate lane awareness, right-of-way disputes.
Sideswipe Crashes
Parking sideswipes.
Pulling-Out Crashes
Pull-out crashes.
Pedestrian Crashes
Vehicle-pedestrian crashes in parking lots are particularly dangerous.
Backing-Up Pedestrian Crashes
Reverse pedestrian crashes.
Particularly harmful to vulnerable pedestrians.
Pedestrians Crossing Driving Lanes
Pedestrians in the lane get struck by vehicles in motion.
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 generate property damage claims.
Falls in Parking Lots
Pedestrians falling in parking lots from various premises issues.
Loading and Unloading Incidents
Loading injuries happen periodically.
The Premises Liability Component
In addition to motor vehicle liability, premises liability frequently applies.
Property Owner Liability
Property owners owe duties.
Premises liability theories include:
Inadequate Lighting
Inadequate lighting.
Surface Defects
Potholes, uneven pavement, cracks, or other surface defects that cause crashes or falls.
Inadequate Snow and Ice Removal
In jurisdictions with winter weather, failure to clear snow and ice drives slip-and-fall and vehicle crashes.
Inadequate Drainage
Standing water can cause vehicle or pedestrian incidents.
Sight-Line Obstructions
Visual obstructions that obstruct visibility can contribute to crashes.
Inadequate Signage
Signage failures.
Inadequate Security
Security failures generate premises liability.
Who Can Be Held Liable?
The Other Driver
Other driver carries primary liability.
Multiple Drivers (in Multi-Vehicle Cases)
Where multiple drivers contributed can face liability.
Property Owner
Premises 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
Companies responsible for pavement maintenance can face liability for pavement defects.
Lighting Companies
Lighting maintenance providers can face liability.
Vehicle and Component Manufacturers
For crashes involving vehicle defects 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”
Comparative 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”. Counter requires thorough medical records.
“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, insist on documentation.
For incidents police won’t respond to, use the alternatives: document the scene extensively, obtain witness information.
Photograph Everything
Comprehensive scene documentation is critical for parking lot cases.
Document:
- Vehicle damage
- Vehicle positions
- Lighting conditions
- Painted markings
- Signs
- Surface conditions
- Sight lines and visibility
Identify Witnesses
Witnesses can provide critical evidence.
Photograph the Surrounding Property
Premises documentation.
Document the Property Owner
Identify the parking lot owner.
Get Medical Attention Immediately
Even when feeling fine, prompt medical evaluation is essential.
Don’t accept “it wasn’t that bad”. Insurers leverage self-minimization.
Identify Any Surveillance Cameras
Camera coverage is common.
Note camera locations and request preservation.
Don’t Discuss Fault
Don’t speculate at the scene.
Don’t Speak With Insurance Adjusters Without Counsel
Carriers contact victims promptly.
Damages Available
Parking lot accident damages parallel other auto claim categories:
- Comprehensive medical care
- Earnings affected by injury
- Diminished earning capacity
- Out-of-pocket vehicle costs
- Loss of enjoyment of life
- Compensation for fatal crashes
- Enhanced damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Pedestrian victims are in stronger positions.
Drivers owe duty to pedestrians, favorably positioning pedestrian cases.
Pedestrian damages can be substantial 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 via various premises conditions, premises claims add to vehicle claims.
Multiple defendants result.
Attorney Costs
Parking lot accident attorneys earn fees only on recovery. Free initial consultations are standard.
Move Quickly
These cases depend on evidence that disappears.
Video recordings requires prompt preservation.
Witness memories deteriorate over time.
Premises conditions may be modified, making timely documentation critical.
OK’s statute of limitations applies regardless.
Engaging counsel right away locks down the evidence before it disappears.