Parking Lot Accident Claims in Durant, OK
Parking lot incidents are routinely dismissed as trivial. People assume low speeds mean low harm. Low speeds aren’t synonymous with low harm. Parking lots also operate in a legal gray zone. Different rules apply, fault determination is more complicated, and the parties involved go beyond just the drivers. 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 changes the legal framework.
Traffic laws don’t necessarily control on parking lots though reasonable care still applies.
Mixed Use Creates Complexity
Parking lot environments include:
- Moving vehicles
- Parked vehicles
- Pedestrians
- Various wheeled items
- 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
Unlike public roads, parking lots often lack clear traffic flow indicators. Direction can be unclear regarding expected vehicle paths.
Pedestrian-Vehicle Interaction
Parking lots involve constant pedestrian-vehicle interaction. This produces distinctive pedestrian hazards.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
The most common parking lot crash.
These typically involve:
- Both vehicles backing
- Vehicle backing into a vehicle in the driving lane
- Backing into stationary vehicles
- Backing into pedestrians
Lane Crashes
Lane-based incidents include head-on crashes, sideswipes from inadequate lane awareness, right-of-way disputes.
Sideswipe Crashes
Lateral parking crashes.
Pulling-Out Crashes
Egress crashes from parking spaces.
Pedestrian Crashes
Pedestrians struck by vehicles in parking lots are catastrophic.
Backing-Up Pedestrian Crashes
Backing into pedestrians.
Especially dangerous for children, elderly pedestrians, and those with mobility issues.
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
Cart-related incidents generate property damage claims.
Falls in Parking Lots
Pedestrians falling in parking lots due to surface defects, inadequate maintenance, or other premises issues.
Loading and Unloading Incidents
Unloading incidents encompass various scenarios.
The Premises Liability Component
Beyond auto accident law, premises liability claims often arise.
Property Owner Liability
Owners have premises liability duties.
Premises claims involve:
Inadequate Lighting
Inadequate lighting.
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, inadequate snow and ice removal generates incidents.
Inadequate Drainage
Standing water can cause vehicle or pedestrian incidents.
Sight-Line Obstructions
Sight-line issues that block visibility can contribute to crashes.
Inadequate Signage
Missing or inadequate signs.
Inadequate Security
Crime-related premises liability generate premises liability.
Who Can Be Held Liable?
The Other Driver
The at-fault driver 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
Parking lot owners can face premises liability.
Property Manager
Management firms 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
Product defect cases 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”
Inattention defenses.
“The Other Driver Couldn’t See You”
Visibility defenses.
“The Crash Was Minor — Injuries Don’t Make Sense”
“You couldn’t be that hurt”. Defeating this defense involves comprehensive medical documentation.
“Pre-Existing Conditions”
Prior medical issues.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
For all but the smallest incidents, insist on documentation.
For incidents police won’t respond to, use the alternatives: document the scene extensively, capture witness information.
Photograph Everything
Visual evidence is critical for parking lot cases.
Document:
- Both vehicles, all damage
- Vehicle positions
- Light levels
- Painted lines
- Signage
- Surface conditions
- Sight lines and visibility
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
Property owner identification.
Get Medical Attention Immediately
Even with no obvious injuries, same-day medical care is critical.
Don’t minimize. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Many parking lots have surveillance cameras.
Note camera locations to request preservation.
Don’t Discuss Fault
Leave fault determination to investigators.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters call fast.
Damages Available
Parking lot accident damages parallel other auto claim categories:
- Hospitalization, surgical, and rehabilitation costs
- Past and future income loss
- Permanent occupational limitations
- Property damage
- Pain and suffering
- Loss of consortium
- Exemplary damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Pedestrians in parking lots are in stronger positions.
Drivers owe duty to 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 through premises issues, premises liability supplements auto claims.
This creates multiple liability paths and multiple defendants.
Attorney Costs
Counsel handling these cases work on contingency. Case reviews cost nothing.
Move Quickly
Parking lot accident cases involve time-sensitive evidence.
Surveillance footage has limited retention.
Independent observations fade quickly.
Conditions can be altered, making timely documentation critical.
OK’s statute of limitations applies regardless.
Connecting with a Durant parking lot accident attorney quickly locks down the evidence before it disappears.