Compensation After a Parking Lot Crash in Midwest City, OK
Parking lot crashes get treated as inherently minor. The reason is the low speeds involved. Low speeds aren’t synonymous with low harm. Parking lots have distinctive legal characteristics. Different rules apply, fault determination is more complicated, and the parties involved go beyond just the drivers. An attorney familiar with these distinctive claims builds parking lot cases properly.
Why Parking Lots Are Their Own Category
Private Property, Not Public Roadway
Most parking lots are on private property. This shifts the legal analysis.
Roadway traffic laws may have limited application though reasonable care still applies.
Mixed Use Creates Complexity
Parking lot environments include:
- Moving vehicles
- Vehicles at rest
- Pedestrians
- Various wheeled items
- 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, directional flow is often less clear. Drivers may be uncertain about expected vehicle paths.
Pedestrian-Vehicle Interaction
Parking lots involve constant pedestrian-vehicle interaction. This generates elevated pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing-up incidents.
These typically involve:
- Two vehicles backing into each other
- Backing into the lane
- Backing into parked cars
- Vehicle backing into pedestrians or shopping carts
Lane Crashes
Lane-based incidents include head-on crashes from drivers not yielding, lateral crashes, priority 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 are catastrophic.
Backing-Up Pedestrian Crashes
Pedestrians struck by reversing vehicles.
Especially dangerous for at-risk pedestrians.
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
Loose carts can cause damage.
Falls in Parking Lots
Pedestrian falls from various premises issues.
Loading and Unloading Incidents
Injuries during loading or unloading vehicles happen periodically.
The Premises Liability Component
In addition to motor vehicle liability, premises liability claims often arise.
Property Owner Liability
Parking lot owners have duties to maintain safe premises.
Common premises liability theories in parking lots include:
Inadequate Lighting
Poor lighting.
Surface Defects
Surface conditions 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 or drainage issues can cause vehicle or pedestrian 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 typical primary target.
Multiple Drivers (in Multi-Vehicle Cases)
Where multiple drivers contributed can face liability.
Property Owner
Parking lot 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
Surface maintenance companies 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
Where vehicle maintenance failures contributed can create separate liability.
Government Entities
Public parking lots, government tort claim procedures apply.
Common Insurance Defenses
“Both Drivers Were at Fault”
Defense pushes mutual fault arguments.
“The Plaintiff Wasn’t Paying Attention”
“You weren’t watching where you were going”.
“The Other Driver Couldn’t See You”
Visibility defenses.
“The Crash Was Minor — Injuries Don’t Make Sense”
Severity-disputes. This requires comprehensive medical documentation.
“Pre-Existing Conditions”
Past medical history.
Critical Steps After a Parking Lot Accident
Don’t Leave Without Police Documentation
For all but the smallest incidents, insist on documentation.
If police won’t respond, use the alternatives: comprehensively document, obtain witness information.
Photograph Everything
Comprehensive scene documentation is especially important in parking lot cases.
Document:
- All damage
- How vehicles are positioned
- Lighting
- Painted lines
- Traffic signs (if any)
- Surface evidence
- Sight lines and visibility
Identify Witnesses
Independent observers may be deciding evidence.
Photograph the Surrounding Property
Premises documentation.
Document the Property Owner
Identify the parking lot owner.
Get Medical Attention Immediately
Even when feeling fine, prompt medical evaluation is essential.
Don’t dismiss your own injuries. Insurers leverage self-minimization.
Identify Any Surveillance Cameras
Many parking lots have surveillance cameras.
Note camera locations with preservation in mind.
Don’t Discuss Fault
Avoid admitting or attributing fault at the scene.
Don’t Speak With Insurance Adjusters Without Counsel
Adjusters call fast.
Damages Available
Compensation can include:
- Past and future medical expenses
- Past and future income loss
- Permanent occupational limitations
- Property damage
- Pain and suffering
- Compensation for fatal crashes
- Exemplary damages in cases involving egregious conduct (less common in parking lot cases but possible)
Special Considerations for Pedestrian Cases
Pedestrian victims are in stronger positions.
Drivers owe duty to 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 property contributed via various premises conditions, premises liability supplements auto 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.
Camera evidence has limited retention.
Witness recollections fade quickly.
Premises conditions may be modified, requiring prompt documentation.
Filing deadlines sets a hard cutoff.
Getting an attorney involved promptly triggers preservation steps.