Recovering Damages From a Parking Lot Incident in Claremore, OK
Parking lot incidents are routinely dismissed as trivial. The reason is the low speeds involved. Low speeds aren’t synonymous with low harm. Parking lots have distinctive legal characteristics. Parking lot cases face their own legal terrain. 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
Most parking lots are on private property. This changes the legal framework.
Traffic laws applicable to public roads may have limited application but the duty of care continues.
Mixed Use Creates Complexity
Parking lots see:
- Vehicles in motion
- Stationary vehicles
- Walking persons
- Cart usage
- Cargo activity
Multiple use types create multiple risks.
Limited Sight Lines
Parked vehicles block sight lines. This contributes to many crashes.
Less Defined Lanes and Direction of Travel
Different from regular streets, traffic patterns can be ambiguous. Drivers may be uncertain about traffic flow.
Pedestrian-Vehicle Interaction
Constant pedestrian presence. This creates elevated pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
The most common parking lot crash.
Common scenarios include:
- Both vehicles backing
- Vehicle backing into a vehicle in the driving lane
- Backing into parked cars
- Vehicle backing into pedestrians or shopping carts
Lane Crashes
Driving-lane crashes involve head-on crashes from drivers not yielding, lateral crashes, right-of-way disputes.
Sideswipe Crashes
Parking sideswipes.
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
Backing into pedestrians.
Especially dangerous for children, elderly pedestrians, and those with mobility issues.
Pedestrians Crossing Driving Lanes
Pedestrians walking through driving lanes may be hit by vehicles.
Pedestrians Between Vehicles
Inter-vehicle pedestrian crashes.
Crashes With Stationary Objects
Vehicles striking light poles, walls, signs, or other stationary objects.
Shopping Cart Incidents
Shopping carts loose in parking lots can cause damage.
Falls in Parking Lots
Slip and trip incidents driven by surface conditions.
Loading and Unloading Incidents
Injuries during loading or unloading vehicles can involve dropping items, equipment failures, or vehicle movement.
The Premises Liability Component
Alongside motor vehicle liability, parking lot accidents often involve premises liability.
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
Surface conditions that cause crashes or falls.
Inadequate Snow and Ice Removal
In jurisdictions with winter weather, inadequate snow and ice removal generates incidents.
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 is the typical primary target.
Multiple Drivers (in Multi-Vehicle Cases)
Multiple driver fault can face liability.
Property Owner
Parking lot owners may bear premises liability.
Property Manager
Property management companies can share liability for management failures.
Snow and Ice Removal Contractors
Winter maintenance contractors can face liability for inadequate snow and ice removal.
Pavement Maintenance Companies
Pavement contractors can face liability for pavement defects.
Lighting Companies
Lighting maintenance providers 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”
“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”
Defense argues low-speed crashes don’t cause significant injuries. Counter requires comprehensive medical documentation.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
Where law enforcement can be involved, insist on documentation.
If police won’t respond, consider other documentation: comprehensively document, obtain witness information.
Photograph Everything
Comprehensive scene documentation is especially important in parking lot cases.
Capture:
- Vehicle damage
- How vehicles are positioned
- Lighting
- Painted lines
- Signs
- Surface conditions
- Visibility documentation
Identify Witnesses
Witnesses can provide critical evidence.
Photograph the Surrounding Property
Document the parking lot’s condition, lighting, signage, and surrounding businesses.
Document the Property Owner
Identify the parking lot owner.
Get Medical Attention Immediately
Even when feeling fine, same-day medical care is critical.
Don’t accept “it wasn’t that bad”. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Many parking lots have surveillance cameras.
Document camera positions to 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
Parking lot accident damages parallel other auto claim categories:
- Hospitalization, surgical, and rehabilitation costs
- Earnings affected by injury
- Diminished earning capacity
- Property damage
- Pain and suffering
- Wrongful death and survivor damages
- Enhanced damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Pedestrians in parking lots often have stronger cases than they realize.
Drivers must look for pedestrians, favorably positioning pedestrian cases.
Pedestrian cases support significant 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 via various premises conditions, premises liability supplements auto 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
Parking lot accident cases involve time-sensitive evidence.
Camera evidence requires prompt preservation.
Witness memories deteriorate over time.
Property conditions can be changed, necessitating quick documentation.
The legal time limit applies regardless.
Engaging counsel right away locks down the evidence before it disappears.