Parking lots may cause severe or sometimes life-threatening injuries, leaving pedestrians in a state of fear and worry about the future. Oftentimes, many individuals are rushing through parking lots trying to get to shopping centers, grocery stores, and their place of work. Drivers backing out of spaces may not see pedestrians walking behind their vehicles and may ultimately crash into them, causing serious pain and suffering. Understanding the steps to take when injured in a parking lot and who may be held responsible for those injuries is important in maintaining your safety and the safety of other individuals on the road.
Understanding Parking Lot Pedestrian Accidents
Parking lots contain various components that may potentially increase the risk of pedestrian collisions. Vehicles usually enter and exit spaces, drivers may have obstructed views, and pedestrians often cross traffic lanes outside designated walkways. The following are common instances associated with parking lot pedestrian injuries.
- Drivers backing out without carefully checking behind the vehicle
- Distracted driving or cellphone use
- Failure to yield to pedestrians
- Excessive speed for parking lot conditions
- Poor lighting
- Faded or missing crosswalk markings
- Obstructed stop signs or directional signs
- Poorly designed pedestrian routes
- Blind corners or obstructed sightlines
- Damaged pavement or other hazardous property conditions
In addition, determining liability requires examining how the collision occurred rather than assuming that one party is automatically responsible.
Reasonable Care
Drivers have a duty to operate their vehicles with reasonable care under the circumstances. Parking lots require careful attention because pedestrians can emerge from between parked vehicles, and cars may move unexpectedly in several directions. A driver may potentially be negligent if the evidence shows that the driver failed to use reasonable care and that failure contributed to the pedestrian's injuries.
As a result, the proper evidence and documentation can play an important role in determining what occurred. The following records are important and should be maintained moving forward.
- Surveillance video footage
- Photographs
- Vehicle damage
- Witness statements
- Electronic information
Property Owners
A parking lot pedestrian accident may also raise questions about premises liability. Under California premises liability principles, a person or entity that owns, leases, occupies, or controls property usually must use reasonable care to keep the property in a reasonably safe condition.
In a parking lot pedestrian case, potentially relevant conditions may include, but are not limited to, the following:
- Inadequate lighting
- Poorly maintained traffic-control markings
- Obstructed signs
- Dangerous traffic patterns
- Physical conditions that interfere with pedestrian and driver visibility
Pedestrians and their Level of Fault
A pedestrian's behavior may also be considered when determining responsibility. Oftentimes, questions may arise if a pedestrian suddenly walked behind a moving vehicle, was distracted while crossing a traffic lane, or failed to pay reasonable attention to surrounding traffic. These instances do not necessarily eliminate a potential personal injury claim.
California Civil Code section 1714 recognizes that responsibility can be affected when an injured person's own lack of ordinary care contributes to the injury. As a result, fault may need to be distributed among the parties based on the particular evidence.
Preserving Evidence and Documentation
Parking lot cases can depend heavily on evidence that may disappear quickly. Surveillance systems may overwrite recordings, vehicles may be repaired, witnesses may become difficult to locate, and property conditions can change after an accident. Potentially relevant evidence may include surveillance footage, photographs of the scene, incident reports, witness statements, medical documentation, vehicle damage, parking lot maintenance records, lighting records, traffic-control markings, and information identifying the entities responsible for the property.
Photographs showing the pedestrian's perspective and the driver's line of sight may also help explain how the collision occurred.
Speaking to a Legal Professional
Individuals who may have been injured in a parking lot accident should consider seeking legal guidance and support when determining who may be held liable for the resulting damage. Oftentimes, parking lot pedestrian accidents may be difficult for individuals to understand on their own. A legal professional may be able to help you understand your rights and responsibilities throughout your personal injury case and determine potentially responsible parties.
The Legal Team at KAASS LAW
At KAASS LAW, we understand the challenges that victims may face after dealing with a parking lot pedestrian accident. Oftentimes, these types of personal injury cases can cause severe damage and injuries to pedestrians and their loved ones. Our legal team at KAASS LAW may be able to review the facts of your case, speak to insurance companies, and help you understand your rights throughout the claims process. If you have been involved in a parking lot pedestrian accident, you are not alone. Call KAASS LAW today for a confidential consultation and to learn more about your case moving forward.