Parking Lot Accident Claims in Blanchard, OK
Parking lot accidents are systematically minimized in personal injury law. Low-speed crashes are treated as minor. But low speeds don’t mean low harm. Parking lots also operate in a legal gray zone. Parking lot cases face their own legal terrain. 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 affects the applicable law.
Traffic laws may not directly apply on private property though reasonable care still applies.
Mixed Use Creates Complexity
Parking lots involve:
- Moving vehicles
- Stationary vehicles
- Walking persons
- Various wheeled items
- Loading operations
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
Unlike public roads, traffic patterns can be ambiguous. Drivers are sometimes unsure about traffic flow.
Pedestrian-Vehicle Interaction
Constant pedestrian presence. This produces elevated pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
The most common parking lot crash.
Common patterns:
- Both vehicles backing
- Backing into traffic flow
- Vehicle backing into a parked vehicle
- Backing into pedestrians
Lane Crashes
Driving-lane crashes involve frontal crashes, sideswipes, right-of-way crashes.
Sideswipe Crashes
Parking sideswipes.
Pulling-Out Crashes
Egress crashes from parking spaces.
Pedestrian Crashes
Pedestrians struck by vehicles in parking lots produce devastating outcomes.
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
Inter-vehicle pedestrian crashes.
Crashes With Stationary Objects
Property damage incidents.
Shopping Cart Incidents
Shopping carts loose in parking lots generate property damage claims.
Falls in Parking Lots
Slip and trip incidents due to surface defects, inadequate maintenance, or other premises issues.
Loading and Unloading Incidents
Loading injuries encompass various scenarios.
The Premises Liability Component
In addition to motor vehicle liability, parking lot accidents often involve premises liability.
Property Owner Liability
Property owners owe duties.
Premises liability theories include:
Inadequate Lighting
Insufficient lighting in parking lots.
Surface Defects
Pavement defects that cause crashes or falls.
Inadequate Snow and Ice Removal
For winter conditions, failure to clear snow and ice creates hazards.
Inadequate Drainage
Standing water or drainage issues can cause vehicle or pedestrian 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 generate premises liability.
Who Can Be Held Liable?
The Other Driver
Other driver carries primary liability.
Multiple Drivers (in Multi-Vehicle Cases)
Various contributing drivers can face liability.
Property Owner
Parking lot owners can face premises liability.
Property Manager
Management firms 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
Pavement contractors can face liability for pavement defects.
Lighting Companies
Lighting contractors can face liability.
Vehicle and Component Manufacturers
Product defect cases can implicate manufacturers.
Maintenance Companies
Where vehicle maintenance failures contributed can create separate liability.
Government Entities
Government-owned 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”
“You weren’t watching where you were going”.
“The Other Driver Couldn’t See You”
“They couldn’t see you”.
“The Crash Was Minor — Injuries Don’t Make Sense”
Severity-disputes. Defeating this defense involves complete medical evidence.
“Pre-Existing Conditions”
Pre-existing condition defenses.
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.
Where police can’t be obtained, consider other documentation: capture everything you can, capture witness information.
Photograph Everything
Detailed photography matters significantly.
Document:
- Both vehicles, all damage
- Position of vehicles
- Lighting conditions
- Lane markings (if any)
- Traffic signs (if any)
- Pavement 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, same-day medical care is critical.
Don’t accept “it wasn’t that bad”. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Camera coverage is common.
Document camera positions 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
Compensation can include:
- Comprehensive medical care
- Earnings affected by injury
- Diminished earning capacity
- Out-of-pocket vehicle costs
- Non-economic damages
- 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 have stronger cases.
Drivers must look for 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 property contributed via various premises conditions, premises claims add to vehicle claims.
This creates multiple liability paths and multiple defendants.
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.
Camera evidence gets overwritten quickly.
Witness memories deteriorate over time.
Property conditions can be changed, requiring prompt documentation.
Filing deadlines continues running.
Connecting with a Blanchard parking lot accident attorney quickly positions the case for the recovery these cases support despite systematic insurance company minimization.