All drivers are responsible for avoiding mistakes or negligence that may lead to injuries or property damage, whether they are on a major highway or in a parking lot. Unfortunately, parking lots are a common site of unexpected car accidents. If you have been involved in a parking lot accident, the Law Office of Ivan M. Diamond is here to help you recover the compensation you deserve.
Causes of Parking Lot Accidents
Parking lot accidents may result from a number of causes, such as:
- Speeding in the parking lot.
- Turning, backing out or entering a lane without looking.
- Driving with distractions.
- Aggressive driving.
In some cases, parking lot accidents may result when two or more drivers involved all made different mistakes that led to the accident. In such cases, determining fault can be complicated and expert legal advice is highly recommended.
Types of Parking Lot Accidents
Several different types of accidents are common within New York parking lots. The most common types of parking lot accidents include:
- Two drivers back out and collide. - In this type of accident, two drivers in parking spots on opposite sides of the lane back up and collide. In this case, both drivers failed to adequately check the area before backing out and both will likely be held responsible for the crash.
- One car turns in front of another. - This type of accident occurs when one driver pulls out in front of another, either to get a parking space or to get out of the parking lot faster. In this case, the turning car will most likely be held responsible for the crash for failing to yield the right of way.
- Rear end collisions. - In a rear-end collision, one car rear ends another because of an abrupt stop. In this case, the driver of the car in back will likely be held responsible for following too closely. Even though the other driver's stop contributed to the accident, the driver in back is expected to prevent this type of accident by maintaining adequate distance between his or her vehicles and other vehicles.
- One driver leaves parking space and collides with another. - In this type of collision, a driver either pulls out or backs out of a parking space and collides with a car moving down the lane. In this case, the driver leaving the parking space is usually at fault for failing to look both ways before pulling or backing out.
- Driver hits a pedestrian. - In some cases, drivers who aren't paying attention in a parking lot may strike a pedestrian. When a driver hits a pedestrian in a parking lot, the driver will often be held responsible for the pedestrian's injuries.
The rules above are commonly applied. However, in some cases, determining who is at fault for the accident can be more complicated.
What You Can Do
If you are the victim in a parking lot accident, you can often recover compensation from the driver responsible for the accident. Depending on the situation, you may be able to obtain compensation to cover all of your medical bills, the cost of repairs made to your vehicle, any wages you lost at work and any other expenses connected to the accident. If the accident caused you significant pain, emotional trauma or other intangible damages, you may be entitled to additional compensation.
New York's Contributory Negligence Law
Keep in mind that, in the state of New York, damages awarded in car accident cases may be reduced according to the victim's perceived level of fault for the accident. For example, if you were involved in a parking lot accident and the court determine that you were 10 percent at fault for the accident while the other driver bears the remaining 90 percent of the responsibility, your compensation will typically be reduced by 10 percent.
Getting Help from an Attorney
If you have been involved in a parking lot accident, it is best to consult a car accident attorney as soon as possible. This is especially important if the driver at fault in your case is not entirely clear. An attorney can review the facts associated with the accident and help you understand how these facts will be interpreted under New York law. If you have a case against the other driver involved, your attorney can also help you file the claim and pursue compensation.
Law Office of Ivan M. Diamond has experience with all types of car accident cases, including those that occurred in parking lots. For assistance with your case or more information, please call us today.
