Parking lots may seem relatively safe because vehicles usually travel at lower speeds. However, pedestrians walking through parking lots can still suffer significant injuries when struck by a moving vehicle or exposed to unsafe property conditions. Drivers may be backing out of parking spaces, searching for an open spot, navigating intersections, or entering and exiting the property while pedestrians are walking nearby.
When parking lot pedestrian injuries occur, determining who may be legally responsible is not always easy. Depending on the circumstances, liability may involve the driver, the property owner or operator, or more than one party. Understanding how California negligence and premises liability laws may apply can help an injured pedestrian evaluate potential legal options.
Understanding Parking Lot Pedestrian Accidents
Parking lots create unique risks because vehicles and pedestrians usually share the same space. Drivers may have limited visibility because of parked cars, shopping carts, landscaping, or other obstacles. Common circumstances that may contribute to parking lot pedestrian accidents may include, but are not limited to, the following.
- Drivers backing out without adequately checking for pedestrians
- Distracted driving
- Speeding or driving too fast for parking lot conditions
- Failure to yield to pedestrians
- Poorly marked pedestrian walkways or crosswalks
- Inadequate lighting
- Obstructed stop signs or traffic-control markings
- Confusing parking lot layouts
- Damaged pavement or other hazardous walking conditions
- Poor visibility near entrances, exits, or intersections
Determining the cause of an accident is an important part of evaluating which individual or entity may be held responsible.
Liability for the Driver
Drivers have a responsibility to operate their vehicles with reasonable care under the given circumstances. Parking lots require specific attention because pedestrians may appear between parked vehicles. A driver may potentially be responsible for a pedestrian's injuries when evidence shows that the driver failed to exercise reasonable care. Examples may include failing to look before backing up, driving while distracted, traveling at an unsafe speed, or failing to yield when required.
Evidence may be important when evaluating driver conduct. The following pieces of evidence may be important when determining responsibility.
- Surveillance footage
- Photographs
- Witness statements
- Vehicle damage
- Electronic data
Even when a pedestrian is outside a marked crosswalk, the circumstances of the accident should still be evaluated.
Property Owners Being Held Accountable
Some parking lot accidents may involve conditions associated with the property itself. California property owners and others who control property generally have duties related to maintaining their premises in a reasonably safe condition. Potentially dangerous parking lot conditions may include the following.
- Missing or damaged stop signs
- Faded or poorly maintained crosswalk markings
- Inadequate lighting
- Visual obstructions
- Unaddressed pavement hazards
- Poorly maintained pedestrian pathways
- Unsafe traffic-flow conditions
However, the existence of a dangerous condition does not automatically establish liability. Issues such as who controlled the property, whether a dangerous condition existed, whether the responsible party knew or reasonably should have known about it, and whether the condition contributed to the injury may need to be considered.
Who is Liable?
Some parking lot pedestrian injury cases may involve the behavior of multiple parties. For example, a driver may fail to maintain a proper lookout while a property condition reduces visibility at the same time. Depending on the evidence, the behavior of both the driver and the party responsible for the parking lot may be examined. California follows a comparative fault system. This means responsibility for an accident may be divided among parties according to their individual degree of fault. Since each accident involves different facts, determining responsibility typically requires examining the circumstances surrounding the collision and the conditions that existed at the time.
Types of Injuries
Even at relatively low speeds, a collision between a vehicle and a pedestrian can result in injuries. Unlike vehicle occupants, pedestrians generally do not have the protection of a vehicle structure, seat belt, or airbag. Potential injuries may include, but are not limited to, the following.
- Traumatic brain injuries
- Head and facial injuries
- Neck and back injuries
- Fractures
- Knee, hip, and shoulder injuries
- Soft-tissue injuries
- Cuts and bruising
- Internal injuries
The nature and severity of an injury can depend on factors such as vehicle speed, the location of impact, and how the pedestrian lands after being struck. Seeking appropriate medical attention after an accident may help address injuries and create documentation concerning the person's condition and treatment.
Preserving Important Pieces of Evidence
Evidence may disappear quickly after a parking lot accident. Surveillance systems may overwrite footage, vehicles may be repaired, pavement markings may change, and witnesses may become difficult to locate. Potentially relevant evidence can include photographs and videos of the accident scene, surveillance footage, witness information, police or incident reports, medical records, property maintenance records, and inspection documents.
The Importance of Seeking Legal Guidance and Support
Seeking legal guidance and support after suffering injuries from a parking lot pedestrian accident may help you understand your rights moving forward with your case. Legal support may also provide victims and their loved ones with peace of mind when going through an especially difficult time.
The Legal Team at KAASS LAW
The qualified personal injury attorneys at KAASS LAW understand the challenges victims may face when dealing with a parking lot pedestrian accident. Oftentimes, these types of incidents may cause serious or life-threatening injuries, leaving victims and their families in a state of shock. That’s why KAASS LAW is here to help. We may review the facts of your case, help preserve important pieces of evidence, and explain the legalities of the claims process moving forward. Call KAASS LAW today to learn more.