Recovering Damages From a Parking Lot Incident in Owasso, OK
Parking lot incidents are routinely dismissed as trivial. Low-speed crashes are treated as minor. But low speeds don’t mean low harm. Parking lots aren’t standard roadways. Different rules apply, fault determination is more complicated, and the parties involved go beyond just the drivers. A local attorney experienced with parking lot incidents navigates the distinctive complexities these cases involve.
Why Parking Lots Are Their Own Category
Private Property, Not Public Roadway
Parking lots are private property in most cases. This affects the applicable law.
Traffic laws don’t necessarily control on parking lots but the duty of care continues.
Mixed Use Creates Complexity
Parking lots see:
- Moving vehicles
- Parked vehicles
- People on foot
- Shopping carts
- Cargo activity
This mixed use creates distinctive hazards.
Limited Sight Lines
Parking lots have visibility limitations. This drives many crashes.
Less Defined Lanes and Direction of Travel
In contrast to standard roads, parking lots often lack clear traffic flow indicators. Direction can be unclear regarding expected vehicle paths.
Pedestrian-Vehicle Interaction
Constant pedestrian presence. This generates distinctive pedestrian hazards.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing crashes.
Common patterns:
- Mutual backing
- Vehicle backing into a vehicle in the driving lane
- Vehicle backing into a parked vehicle
- Backing into people
Lane Crashes
Driving-lane crashes include frontal crashes, sideswipes from inadequate lane awareness, right-of-way disputes.
Sideswipe Crashes
Vehicles striking each other while parking or leaving spaces.
Pulling-Out Crashes
Pull-out crashes.
Pedestrian Crashes
Vehicle-pedestrian crashes in parking lots are catastrophic.
Backing-Up Pedestrian Crashes
Reverse pedestrian crashes.
Particularly harmful to at-risk 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
Stationary object strikes.
Shopping Cart Incidents
Shopping carts loose in parking lots create distinctive incidents.
Falls in Parking Lots
Pedestrian falls from various premises issues.
Loading and Unloading Incidents
Injuries during loading or unloading vehicles can involve dropping items, equipment failures, or vehicle movement.
The Premises Liability Component
In addition to motor vehicle liability, premises liability frequently applies.
Property Owner Liability
Parking lot owners have duties to maintain safe premises.
Common premises liability theories in parking lots 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
In jurisdictions with winter weather, failure to clear snow and ice drives slip-and-fall and vehicle crashes.
Inadequate Drainage
Standing water or drainage issues drive incidents.
Sight-Line Obstructions
Sight-line issues that limit visibility can contribute to crashes.
Inadequate Signage
Signage failures.
Inadequate Security
For parking lots in areas with crime risk create separate claim types.
Who Can Be Held Liable?
The Other Driver
The at-fault driver is the typical primary target.
Multiple Drivers (in Multi-Vehicle Cases)
Various contributing drivers can face liability.
Property Owner
Parking lot owners may bear premises liability.
Property Manager
Property managers can share liability for management failures.
Snow and Ice Removal Contractors
Contractors responsible for snow and ice removal can face liability for inadequate snow and ice removal.
Pavement Maintenance Companies
Surface maintenance companies can face liability for pavement defects.
Lighting Companies
Lighting contractors can face liability.
Vehicle and Component Manufacturers
Equipment-related crashes can implicate manufacturers.
Maintenance Companies
Where vehicle maintenance failures contributed 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”
“You weren’t watching where you were going”.
“The Other Driver Couldn’t See You”
Visibility arguments.
“The Crash Was Minor — Injuries Don’t Make Sense”
Defense argues low-speed crashes don’t cause significant injuries. Defeating this defense involves comprehensive medical documentation.
“Pre-Existing Conditions”
Past medical history.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
Where law enforcement can be involved, don’t leave without official documentation.
Where police can’t be obtained, consider other documentation: capture everything you can, obtain witness information.
Photograph Everything
Detailed photography matters significantly.
Include:
- Vehicle damage
- Position of vehicles
- Light levels
- Lane markings (if any)
- Signage
- Surface conditions
- Visibility documentation
Identify Witnesses
Independent observers 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, same-day medical care is critical.
Don’t dismiss your own injuries. Insurers leverage self-minimization.
Identify Any Surveillance Cameras
Many parking lots have surveillance cameras.
Note camera locations and request preservation.
Don’t Discuss Fault
Avoid admitting or attributing fault at the scene.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters call fast.
Damages Available
Compensation can include:
- Comprehensive medical care
- Lost wages
- Reduced ability to work
- Vehicle repair or replacement
- Non-economic damages
- Compensation for fatal crashes
- Enhanced damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Parking lot pedestrians often have stronger cases than they realize.
Drivers generally have responsibility to see pedestrians, creating strong fault patterns for vehicle-pedestrian crashes.
Pedestrian cases produce major 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 claims add to vehicle claims.
Multiple defendants result.
Attorney Costs
Counsel handling these cases charge no upfront fees. Case reviews cost nothing.
Move Quickly
Multiple time pressures apply.
Video recordings requires prompt preservation.
Witness recollections deteriorate over time.
Premises conditions may be modified, requiring prompt documentation.
OK’s statute of limitations sets a hard cutoff.
Getting an attorney involved promptly triggers preservation steps.