Talk to a parking lot accident lawyer in New York after an accident. Parking lots are busy places, and if you or other drivers aren’t careful, you can suffer injuries. But you do not have to face this difficult situation alone. If you have been injured in a parking lot accident, you may be entitled to recover damages.
With over 40 years of combined experience, Morelli Law car accident lawyers in New York can answer all your legal questions and fight to secure the maximum compensation you deserve. We’ll explore all legal options and hold the responsible party accountable for your injuries.
Do Police Respond to Parking Lot Accidents?
The police may not respond to an accident on private property as they would if it were on a public road. This means there is no guarantee that the police will respond to a parking lot accident unless serious injuries or property damage are involved. However, that does not mean you should not call the police, especially if you or someone else have appeared to have been moderately injured.
If the police are not immediately needed, then the important evidence of a police report may not be available. If this is the case, evidence-gathering on your part becomes even more important. You should know what to do after a parking lot accident in order to gather information properly. Here are the things you should do:
- Collect information from the other driver.
- Take pictures of the accident scene and obtain video surveillance if possible.
- Look for security personnel who may have been monitoring the parking lot or bystanders who may have witnessed the incident.
If possible, go to a doctor right away to assess any injuries you may have suffered. Also, in such a situation, you may want to hire a personal injury lawyer in New York to ensure that your role in the accident is assessed fairly.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800New York City Parking Lots Can Be Dangerous Places
In a parking lot, vehicles, pedestrians, and shopping carts can be moving in every direction. More often than not, drivers and pedestrians may get distracted by a variety of factors, including stressful errands, noisy children, or their cell phones. These events can result in an accident.
Accidents involving parked vehicles can even be fatal. A Highway Safety Statistics report shows that 1.2% of fatal car crashes involve parked vehicles. When an accident is fatal, it is usually a result of a high impact or speeding.
Other accidents can occur when cars leave a parking lot. If someone is driving a manual car and they are waiting at the top of a parking garage slope, and they don’t give it enough gas, it could stall and roll down the hill, hitting the car ahead of them with a strong force. If you or a loved one has experienced a car accident in a NY parking lot, contact a lawyer to see if you have a case.
Common Types of Parking Lot Accidents in New York
Parking lot accidents, while seemingly minor, can cause serious injuries. If you’ve been hurt in a parking lot collision in New York, it’s important to understand the types of injuries that can occur and the legal options available to you. Here’s a look at some common parking lot accident injuries:
- Rear-end collisions: These are the most frequent types of parking lot accidents and can cause whiplash, neck and back strain, and even head injuries. The sudden force of a rear-end impact can jolt your body, damaging muscles, ligaments, and joints.
- Side-impact crashes: These can happen when a driver pulls out of a parking space and collides with another vehicle. Side-impact crashes can cause serious injuries, including broken bones, internal injuries like chest or abdominal trauma, and even spinal cord damage.
- Pedestrian accidents: People on foot are especially vulnerable in parking lots. These accidents can result in leg and ankle fractures, head injuries, and even death.
Parking lot accidents can come in many shapes. If you’ve been injured in a parking lot accident in New York, contact an experienced New York parking lot accident lawyer for a free consultation.
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877-751-9800Private Property and Public Property Accidents
Parking lots can be located on either private or public property, but often, most parking lots are found on private property. So, if you get into a car accident in a Walmart or Target parking lot, it is the store’s private property.
But even if you get into a car accident in a private parking lot, this does not negate the legal duty of care for drivers, passengers, pedestrians, and car park operators. If any degree of negligence is found to have caused a parking lot accident, then an individual or multiple parties may be liable for injuries or damage to vehicles.
When Does the Legal Duty of Care Apply?
The legal duty of care applies whenever you could be responsible for someone else’s injuries. The duty of care is an obligation to be cautious in your actions and to avoid harming anyone else.
So, regardless of whether it’s a public or private parking lot, you have a duty of care to drive or behave responsibly. If you do not follow this obligation, you can be held liable for your breach of the duty of care.
Determining Liability in a Parking Lot Accident
When you get into a parking lot accident, it can be difficult to determine who is at fault for the accident. One or several parties may be at fault in a parking lot accident, which may include:
- Drivers: All car drivers have a duty of care to be aware of their surroundings to keep other parking lot users safe.
- Passengers: Passengers also have a responsibility to keep others safe while in the car. Intentionally diverting the driver’s attention might lead to an accident, and because they contributed to the accident, they might be negligent.
- Parking lot facilities: Under New York’s premises liability laws, it is the responsibility of the property owner to ensure that their facility has clearly marked lanes and the parking lot is well maintained.
A parking lot accident attorney from our firm can help you determine who was at fault in the accident. Our lawyers are known for their in-depth evidence process and for holding the proper parties accountable in a timely manner.
Are Parking Lot Accidents Always 50/50?
As lawyers, we have answered this question many times, and our answer is no. Many people think this because insurance companies often assign equal fault to both drivers because they don’t want to investigate the accident.
However, the fault is determined in parking lot accidents like it is in any other type of car accident. Unlike the insurance company, our team of lawyers will investigate and assign fault to the negligent driver.
The Limited Time You Have to File a Parking Lot Accident Claim
In the state of New York, you have three years from the date of your car accident to file your lawsuit. As soon as you report the accident to the police and get medical attention for your injuries, you should file your claim.
By filing early, you can avoid the stress that may come with filing last minute. Also, you will have more time to gather evidence with your lawyer to build a strong case. If you do wait to file and you end up missing your deadline, you won’t be able to recover any form of compensation.
Even though New York’s statute of limitations states that you have three years to file your claim, you may have more or less time, depending on the details of your case. The only sure way to know is to meet with a parking lot accident attorney in New York.
Forms of Compensation Available
If you were injured in a parking lot collision, you have the right to obtain compensation for your losses. Some of the most common losses in a parking lot accident include:
- Medical expenses
- Wage loss and future loss of earning capacity
- Pain and suffering
- Disability
- Disfigurement
- Property damage
Depending on your parking lot accident, you can recover more damages to cover the costs you may face. One of our lawyers can explain what kind of damages you can sue for after an accident in New York.
Dealing With Insurance Companies
When you want to hire a NY personal injury lawyer to represent you in a parking lot accident case, you should consider the attorney’s track record and experience in trying these types of cases. Dealing with the insurance company is one of the many things a lawyer must do in a parking lot accident.
Dealing with an insurance adjuster who represents the at-fault party or parties can be intimidating, and they want to pay out as little as possible or even deny your claim. These actions can result in your case ending up in court.
Therefore, it can be helpful to have an attorney who understands the unique aspects of parking lot accidents working in your best interests.
Average Parking Lot Accident Settlement
There is no average parking lot settlement that a parking lot injury lawyer can tell you that applies to every situation because every accident is different. However, some factors can determine how much you can recover. The first factor is how severe your injuries are.
The more severe they are, the more money you may need to cover your treatment costs. If you sustained a life-threatening injury, you will most likely receive a higher settlement. Another factor that can determine your settlement is your role in the accident. If you are proven at fault for any reason, your settlement can decrease drastically.
The last factor that can determine your settlement is how many people are at fault. Once you determine who is at fault in a parking lot accident, you can hold every negligent party accountable. Talk to your personal injury lawyer to understand how a personal injury settlement is calculated.
FAQs About Parking Lot Accidents
Being in a parking lot accident can be stressful and confusing, leaving you with questions about your rights and how to move forward. If you’ve recently been injured in a parking lot collision in New York, here are 10 frequently asked questions to help you understand the legal process:
What if Poor Lighting Played a Role in the Accident?
Parking lots with inadequate lighting can create dangerous situations. If poor lighting contributed to your accident, the property owner may be held responsible for your injuries.
What Are Some Common Parking Lot Accident Injuries?
These accidents can cause a variety of injuries, ranging from whiplash and neck strain to serious injuries like head trauma, spinal cord damage, or even wrongful death.
What Should I Do After a Parking Lot Accident?
If you’re involved in a parking lot accident, the first step is to seek medical attention for any injuries. Then, document the scene by taking pictures and exchanging information with the other drivers involved. It’s also important to report the accident to the property owner and file a police report.
What Happens if the Other Driver Has No Insurance?
New York is a no-fault insurance state, so your own insurance company will typically cover your medical expenses, regardless of who caused the accident. An attorney can help you explore all options to recover compensation for other damages.
What if I’m Partly Responsible for the Accident?
New York has a comparative negligence law, which means that any damages awarded will be reduced by the percentage of fault you are found to share.
Remember, you don’t have to navigate this challenging situation alone. Morelli Law is here to help. Contact us today for a free consultation with a compassionate and experienced New York Parking Lot Accident Lawyer.
Hire a Morelli Law Parking Lot Accident Lawyer Today
You shouldn’t have to face the consequences of a parking lot accident, such as physical injuries, emotional distress, and medical bills, alone. Our team of experienced lawyers at Morelli Law is here to help. We understand the complexities of parking lot accident claims and the importance of getting you the compensation you deserve.
Also, parking lot accident lawyers at Morelli Law work on a contingency fee basis, so you won’t pay any legal fees upfront unless we win your case. Contact Morelli Law today for a free consultation. Let us handle the legal details so you can focus on healing and getting your life back on track.
Call or text 877-751-9800 or complete a Free Case Evaluation form