Compensation After a Parking Lot Crash in Lawton, OK
Parking lot accidents are systematically minimized in personal injury law. Low-speed crashes are treated as minor. 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 are private property in most cases. This shifts the legal analysis.
Traffic laws applicable to public roads don’t necessarily control on parking lots but reasonable care principles still apply.
Mixed Use Creates Complexity
Parking lots see:
- Moving vehicles
- Parked vehicles
- Pedestrians
- Various wheeled items
- Loading and unloading activities
This mixed use creates distinctive hazards.
Limited Sight Lines
Parked vehicles block sight lines. This contributes to many crashes.
Less Defined Lanes and Direction of Travel
Different from regular streets, directional flow is often less clear. Direction can be unclear regarding right-of-way.
Pedestrian-Vehicle Interaction
Pedestrian-vehicle interaction is constant. This creates significant pedestrian crash risk.
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
- Backing into the lane
- Backing into parked cars
- Backing into pedestrians
Lane Crashes
Driving-lane crashes include frontal crashes, sideswipes from inadequate lane awareness, priority disputes.
Sideswipe Crashes
Vehicles striking each other while parking or leaving spaces.
Pulling-Out Crashes
Vehicles pulling out of spaces struck by passing vehicles.
Pedestrian Crashes
Pedestrians struck by vehicles in parking lots are catastrophic.
Backing-Up Pedestrian Crashes
Backing into pedestrians.
Particularly harmful to vulnerable pedestrians.
Pedestrians Crossing Driving Lanes
Pedestrians in the lane get struck by vehicles in motion.
Pedestrians Between Vehicles
Pedestrians walking between parked vehicles.
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 driven by surface conditions.
Loading and Unloading Incidents
Loading injuries 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
Property owners owe duties.
Premises liability theories include:
Inadequate Lighting
Insufficient lighting in parking lots.
Surface Defects
Surface conditions that cause crashes or falls.
Inadequate Snow and Ice Removal
In areas with snow/ice, inadequate winter maintenance drives slip-and-fall and vehicle crashes.
Inadequate Drainage
Standing water or drainage issues can cause vehicle or pedestrian incidents.
Sight-Line Obstructions
Visual obstructions that obstruct visibility can contribute to crashes.
Inadequate Signage
Missing or inadequate signs.
Inadequate Security
Security failures can support negligent security claims.
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
Parking lot owners carry premises responsibilities.
Property Manager
Property management companies 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
Product defect cases can implicate manufacturers.
Maintenance Companies
Maintenance-related causes can create separate liability.
Government Entities
Public parking lots, sovereign immunity considerations exist.
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”. Defeating this defense involves thorough medical records.
“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, request a police report.
For incidents police won’t respond to, consider other documentation: comprehensively document, get witness statements.
Photograph Everything
Detailed photography is especially important in parking lot cases.
Capture:
- Vehicle damage
- How vehicles are positioned
- Lighting conditions
- Painted lines
- Signs
- Surface conditions
- Visibility documentation
Identify Witnesses
Witnesses may be deciding evidence.
Photograph the Surrounding Property
Premises documentation.
Document the Property Owner
Identify the parking lot owner.
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 and request preservation.
Don’t Discuss Fault
Leave fault determination to investigators.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters call fast.
Damages Available
Compensation can include:
- Hospitalization, surgical, and rehabilitation costs
- Earnings affected by injury
- Diminished earning capacity
- Vehicle repair or replacement
- Pain and suffering
- Compensation for fatal crashes
- Punitive damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Parking lot pedestrians often have stronger cases than they realize.
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 parking lot conditions contributed to the crash through premises issues, premises claims add to vehicle claims.
This creates multiple liability paths and multiple defendants.
Attorney Costs
Parking lot accident attorneys charge no upfront fees. Case reviews cost nothing.
Move Quickly
These cases depend on evidence that disappears.
Video recordings has limited retention.
Witness recollections require prompt investigation.
Conditions can be altered, making timely documentation critical.
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.