Recovering Damages From a Parking Lot Incident in Seminole, OK
Parking lot crashes get treated as inherently minor. People assume low speeds mean low harm. But low speeds don’t mean low harm. Parking lots have distinctive legal characteristics. Parking lot cases face their own legal terrain. An attorney familiar with these distinctive claims builds parking lot cases properly.
Why Parking Lots Are Their Own Category
Private Property, Not Public Roadway
Parking lots typically aren’t public roadways. This affects the applicable law.
Traffic laws may have limited application though reasonable care still applies.
Mixed Use Creates Complexity
Parking lots involve:
- Active vehicles
- Parked vehicles
- Walking persons
- Cart usage
- Loading operations
This mixed use creates distinctive hazards.
Limited Sight Lines
Visibility in parking lots is limited. This is a significant crash factor.
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
Pedestrian-vehicle interaction is constant. This generates significant pedestrian crash risk.
Common Types of Parking Lot Accidents
Vehicle-to-Vehicle Crashes
Backing-Up Crashes
Backing-up incidents.
Common scenarios include:
- Mutual backing
- Backing into the lane
- Backing into stationary vehicles
- Backing into people
Lane Crashes
Driving-lane crashes include head-on crashes from drivers not yielding, sideswipes from inadequate lane awareness, right-of-way disputes.
Sideswipe Crashes
Vehicles striking each other while parking or leaving spaces.
Pulling-Out Crashes
Pull-out crashes.
Pedestrian Crashes
Pedestrian incidents in parking lots are catastrophic.
Backing-Up Pedestrian Crashes
Pedestrians struck by reversing vehicles.
Particularly harmful to children, elderly pedestrians, and those with mobility issues.
Pedestrians Crossing Driving Lanes
Pedestrians in the lane may be hit by vehicles.
Pedestrians Between Vehicles
Pedestrian crashes between vehicles.
Crashes With Stationary Objects
Stationary object strikes.
Shopping Cart Incidents
Loose carts create distinctive incidents.
Falls in Parking Lots
Pedestrians falling in parking lots from various premises issues.
Loading and Unloading Incidents
Injuries during loading or unloading vehicles encompass various scenarios.
The Premises Liability Component
Alongside motor vehicle liability, premises liability claims often arise.
Property Owner Liability
Parking lot owners have duties to maintain safe premises.
Premises liability theories include:
Inadequate Lighting
Inadequate lighting.
Surface Defects
Surface conditions that cause crashes or falls.
Inadequate Snow and Ice Removal
For winter conditions, inadequate winter maintenance creates hazards.
Inadequate Drainage
Standing water can cause vehicle or pedestrian incidents.
Sight-Line Obstructions
Visual obstructions that block visibility can contribute to crashes.
Inadequate Signage
Inadequate or missing traffic control signage.
Inadequate Security
For parking lots in areas with crime risk generate premises liability.
Who Can Be Held Liable?
The Other Driver
Other driver carries primary liability.
Multiple Drivers (in Multi-Vehicle Cases)
Various contributing drivers can face liability.
Property Owner
Property owners carry premises responsibilities.
Property Manager
Property management companies can share liability for management failures.
Snow and Ice Removal Contractors
Snow/ice removal contractors can face liability for inadequate snow and ice removal.
Pavement Maintenance Companies
Surface maintenance companies can face liability for pavement defects.
Lighting Companies
Where lighting is contracted out can face liability.
Vehicle and Component Manufacturers
Equipment-related crashes can implicate manufacturers.
Maintenance Companies
Service failure contributions can create separate liability.
Government Entities
For parking lots on government property, 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”
Severity-disputes. Counter requires thorough medical records.
“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, don’t leave without official documentation.
Where police can’t be obtained, use available documentation options: comprehensively document, capture witness information.
Photograph Everything
Detailed photography is critical for parking lot cases.
Document:
- Both vehicles, all damage
- Vehicle positions
- Lighting conditions
- Painted lines
- Traffic signs (if any)
- Pavement conditions
- Visibility documentation
Identify Witnesses
Other drivers, pedestrians, employees of nearby businesses may be deciding evidence.
Photograph the Surrounding Property
Document the parking lot’s condition, lighting, signage, and surrounding businesses.
Document the Property Owner
Premises owner identification.
Get Medical Attention Immediately
Even when feeling fine, prompt medical evaluation is essential.
Don’t accept “it wasn’t that bad”. Insurers exploit victim minimization.
Identify Any Surveillance Cameras
Camera coverage is common.
Track camera locations and request preservation.
Don’t Discuss Fault
Don’t speculate at the scene.
Don’t Speak With Insurance Adjusters Without Counsel
Carriers contact victims promptly.
Damages Available
Parking lot accident damages parallel other auto claim categories:
- Past and future medical expenses
- Lost wages
- Reduced ability to work
- Vehicle repair or replacement
- 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 produce major 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 through premises issues, premises claims add to vehicle claims.
Multiple defendants result.
Attorney Costs
Lawyers experienced with parking lot incidents work on contingency. First meetings carry no charge.
Move Quickly
These cases depend on evidence that disappears.
Video recordings has limited retention.
Witness memories fade quickly.
Premises conditions may be modified, making timely documentation critical.
The legal time limit applies regardless.
Getting an attorney involved promptly locks down the evidence before it disappears.