Parking Lot Accident Claims in Ardmore, OK
Parking lot crashes get treated as inherently minor. The reason is the low speeds involved. 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 Ardmore parking lot accident lawyer 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 affects the applicable law.
Traffic laws applicable to public roads may have limited application but the duty of care continues.
Mixed Use Creates Complexity
Parking lot environments include:
- Vehicles in motion
- Stationary vehicles
- Pedestrians
- Shopping carts
- Loading and unloading activities
Multiple use types create multiple risks.
Limited Sight Lines
Parking lots have visibility limitations. This contributes to many crashes.
Less Defined Lanes and Direction of Travel
In contrast to standard roads, traffic patterns can be ambiguous. Direction can be unclear regarding right-of-way.
Pedestrian-Vehicle Interaction
Parking lots involve constant pedestrian-vehicle interaction. This generates significant pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing crashes.
Common scenarios include:
- Two vehicles backing into each other
- Backing into traffic flow
- Backing into stationary vehicles
- Backing into people
Lane Crashes
Lane-based incidents involve head-on crashes, sideswipes from inadequate lane awareness, right-of-way 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.
Particularly devastating for at-risk pedestrians.
Pedestrians Crossing Driving Lanes
Pedestrians walking through driving lanes get struck by vehicles in motion.
Pedestrians Between Vehicles
Pedestrian crashes between vehicles.
Crashes With Stationary Objects
Vehicles striking light poles, walls, signs, or other stationary objects.
Shopping Cart Incidents
Cart-related incidents create distinctive incidents.
Falls in Parking Lots
Pedestrians falling in parking lots from various premises issues.
Loading and Unloading Incidents
Unloading incidents happen periodically.
The Premises Liability Component
Beyond auto accident law, premises liability claims often arise.
Property Owner Liability
Property owners owe duties.
Premises claims involve:
Inadequate Lighting
Inadequate lighting.
Surface Defects
Pavement 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 drive incidents.
Sight-Line Obstructions
Sight-line issues that block visibility can contribute to crashes.
Inadequate Signage
Signage failures.
Inadequate Security
Crime-related premises liability create separate claim types.
Who Can Be Held Liable?
The Other Driver
Primary defendant is the primary defendant in vehicle-to-vehicle parking lot crashes.
Multiple Drivers (in Multi-Vehicle Cases)
Where multiple drivers contributed can face liability.
Property Owner
Property owners carry premises responsibilities.
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
Companies responsible for pavement maintenance can face liability for pavement defects.
Lighting Companies
Where lighting is contracted out can face liability.
Vehicle and Component Manufacturers
Equipment-related crashes can implicate manufacturers.
Maintenance Companies
Service failure contributions 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”
“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”
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.
For incidents police won’t respond to, use the alternatives: capture everything you can, obtain witness information.
Photograph Everything
Visual evidence matters significantly.
Include:
- All damage
- Vehicle positions
- Lighting
- Lane markings (if any)
- Signage
- Pavement conditions
- Visibility documentation
Identify Witnesses
Independent observers offer essential corroboration.
Photograph the Surrounding Property
Document the parking lot’s condition, lighting, signage, and surrounding businesses.
Document the Property Owner
Property owner identification.
Get Medical Attention Immediately
Even with apparently minor symptoms, prompt medical evaluation is essential.
Don’t minimize. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Parking lots often have cameras.
Track camera locations with preservation in mind.
Don’t Discuss Fault
Don’t speculate at the scene.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters call fast.
Damages Available
Recoverable losses include:
- Comprehensive medical care
- Earnings affected by injury
- Diminished earning capacity
- Vehicle repair or replacement
- Non-economic damages
- Loss of consortium
- Enhanced damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Parking lot pedestrians have stronger cases.
Drivers must look for pedestrians, creating strong fault patterns for vehicle-pedestrian crashes.
Pedestrian cases support significant damages given the catastrophic nature of even moderate-speed vehicle-pedestrian impacts.
Special Considerations for Premises Liability Cases
For premises-related parking lot cases via various premises conditions, premises claims add to vehicle claims.
Multiple defendants result.
Attorney Costs
Counsel handling these cases earn fees only on recovery. First meetings carry no charge.
Move Quickly
Parking lot accident cases involve time-sensitive evidence.
Video recordings gets overwritten quickly.
Witness memories require prompt investigation.
Conditions can be altered, requiring prompt documentation.
OK’s statute of limitations sets a hard cutoff.
Getting an attorney involved promptly locks down the evidence before it disappears.