Parking lot accidents often seem minor, but they can result in significant property damage, painful injuries, and complex liability disputes. The compensation you may be entitled to depends on several key variables, including:
- The nature of your damages: This includes the severity of physical injuries, the extent of damage to your vehicle, and any lost wages.
- Liability clarity: Determining who had the right of way is often difficult in private lots. The specific degree of fault assigned to the other driver matters heavily.
- Insurance specifics: Availability of coverage can vary, especially if the accident occurred on private property or involved an uninsured driver.
- Strength of evidence: Claims are stronger when supported by surveillance footage (common in commercial lots), dashcam video, police reports, and witness testimony.
Comparative Fault in Oklahoma
Oklahoma operates under a modified comparative fault rule. This legal standard directly impacts your ability to recover damages based on your contribution to the accident.
Under this rule, your compensation is reduced by your percentage of fault. For example, if you are awarded $10,000 but are found to be 20% responsible for the collision because you were driving too fast in the lane, you would only receive $8,000.
Crucially, if you are found to be more than 50% at fault, you are barred from recovering any damages at all.
Steps to Maximize Your Compensation
Because fault is often contested in parking lot scenarios—where lanes are unmarked and traffic flow is chaotic—building a strong case is essential. To protect your claim:
- See a doctor immediately: Even low-speed collisions can cause soft tissue injuries. Medical records link your injuries directly to the crash.
- Gather comprehensive evidence: Take photos of vehicle positioning, skid marks, and lack of signage. Request security camera footage from nearby businesses immediately before it is deleted.
- Speak with a legal professional: Consult an experienced personal injury attorney who understands the nuances of parking lot right-of-way laws.
McKay Law can assist you in establishing liability, securing video evidence, and negotiating with insurance adjusters to ensure you receive fair compensation for your losses.