Compensation After a Parking Lot Crash in Pauls Valley, OK
Parking lot crashes get treated as inherently minor. People assume low speeds mean low harm. Low speeds aren’t synonymous with low harm. Parking lots aren’t standard roadways. 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
Parking lots typically aren’t public roadways. This shifts the legal analysis.
Traffic laws applicable to public roads may have limited application but the duty of care continues.
Mixed Use Creates Complexity
Parking lot environments include:
- Moving vehicles
- Stationary vehicles
- Pedestrians
- Various wheeled items
- Loading and unloading activities
The variety of activities creates multiple potential interactions.
Limited Sight Lines
Parking lots have visibility limitations. This contributes to many crashes.
Less Defined Lanes and Direction of Travel
Unlike public roads, parking lots often lack clear traffic flow indicators. Drivers are sometimes unsure about expected vehicle paths.
Pedestrian-Vehicle Interaction
Parking lots involve constant pedestrian-vehicle interaction. This creates elevated pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing crashes.
Common patterns:
- Both vehicles backing
- Backing into the lane
- Backing into stationary vehicles
- Backing into people
Lane Crashes
Driving-lane crashes include head-on crashes from drivers not yielding, sideswipes, priority disputes.
Sideswipe Crashes
Lateral parking crashes.
Pulling-Out Crashes
Vehicles pulling out of spaces struck by passing vehicles.
Pedestrian Crashes
Pedestrian incidents in parking lots produce devastating outcomes.
Backing-Up Pedestrian Crashes
Reverse pedestrian crashes.
Especially dangerous for at-risk pedestrians.
Pedestrians Crossing Driving Lanes
Crossing pedestrians get struck by vehicles in motion.
Pedestrians Between Vehicles
Inter-vehicle pedestrian crashes.
Crashes With Stationary Objects
Vehicles striking light poles, walls, signs, or other stationary objects.
Shopping Cart Incidents
Loose carts can cause damage.
Falls in Parking Lots
Slip and trip incidents due to surface defects, inadequate maintenance, or other premises issues.
Loading and Unloading Incidents
Unloading incidents can involve dropping items, equipment failures, or vehicle movement.
The Premises Liability Component
Beyond auto accident law, premises liability claims often arise.
Property Owner Liability
Parking lot owners have duties to maintain safe premises.
Premises liability theories include:
Inadequate Lighting
Poor lighting.
Surface Defects
Potholes, uneven pavement, cracks, or other surface defects that cause crashes or falls.
Inadequate Snow and Ice Removal
For winter conditions, failure to clear snow and ice generates incidents.
Inadequate Drainage
Standing water create hazards.
Sight-Line Obstructions
Sight-line issues that block visibility can contribute to crashes.
Inadequate Signage
Signage failures.
Inadequate Security
Crime-related premises liability can support negligent security claims.
Who Can Be Held Liable?
The Other Driver
Other driver is the typical primary target.
Multiple Drivers (in Multi-Vehicle Cases)
Various contributing drivers can face liability.
Property Owner
Premises owners can face premises liability.
Property Manager
Property managers 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
Lighting contractors can face liability.
Vehicle and Component Manufacturers
Equipment-related crashes can implicate manufacturers.
Maintenance Companies
Service failure contributions can create separate liability.
Government Entities
Public parking lots, special procedures govern.
Common Insurance Defenses
“Both Drivers Were at Fault”
“Both of you were partly at fault”.
“The Plaintiff Wasn’t Paying Attention”
Inattention defenses.
“The Other Driver Couldn’t See You”
“They couldn’t see you”.
“The Crash Was Minor — Injuries Don’t Make Sense”
“You couldn’t be that hurt”. This requires comprehensive medical documentation.
“Pre-Existing Conditions”
Pre-existing condition defenses.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
Where law enforcement can be involved, request a police report.
Where police can’t be obtained, use the alternatives: comprehensively document, obtain witness information.
Photograph Everything
Comprehensive scene documentation matters significantly.
Capture:
- Vehicle damage
- How vehicles are positioned
- Light levels
- Painted markings
- Signs
- Surface conditions
- Visibility documentation
Identify Witnesses
Witnesses offer essential corroboration.
Photograph the Surrounding Property
Document the parking lot’s condition, lighting, signage, and surrounding businesses.
Document the Property Owner
Premises owner identification.
Get Medical Attention Immediately
Even with apparently minor symptoms, prompt medical evaluation is essential.
Don’t accept “it wasn’t that bad”. Insurance companies count on victims to minimize their own injuries.
Identify Any Surveillance Cameras
Parking lots often have cameras.
Track camera locations and request preservation.
Don’t Discuss Fault
Don’t speculate at the scene.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters reach out quickly.
Damages Available
Recoverable losses include:
- Comprehensive medical care
- Earnings affected by injury
- Permanent occupational limitations
- Out-of-pocket vehicle costs
- Loss of enjoyment of life
- Loss of consortium
- Exemplary damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Parking lot pedestrians are in stronger positions.
Drivers owe duty to pedestrians, favorably positioning pedestrian cases.
Pedestrian cases produce major 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 liability supplements auto claims.
Various liability paths apply.
Attorney Costs
Counsel handling these cases charge no upfront fees. Case reviews cost nothing.
Move Quickly
These cases depend on evidence that disappears.
Camera evidence gets overwritten quickly.
Independent observations require prompt investigation.
Conditions can be altered, requiring prompt documentation.
OK’s statute of limitations continues running.
Getting an attorney involved promptly positions the case for the recovery these cases support despite systematic insurance company minimization.