Personal Injury Parking Lot Accident Claim Guide

Parking lots can be dangerous places because they are full of parked cars, moving cars, and pedestrian traffic. This requires everyone to be more aware of their surroundings and watch for backing vehicles pulling out of parking spaces, people walking behind, in front, and in between cars, stray shopping carts, and more.

In some cases, you may return to your vehicle after shopping or eating to discover your vehicle is damaged, but no one is around. For instance, someone backed into your parked car and left a huge dent in it, or you see a big ding in the side of your door where someone opened their car door and slammed it into yours.

What do you do if you are involved in a parking lot accident? You would want to follow the same steps as any other auto accident.

• Call 911. You will need to file a police report for your damages. If you or someone else is injured, request an ambulance for medical treatment. Even if you only feel a little sore, it is still better to seek medical treatment, as injuries do not always appear right away.
• Remain Calm. Take a deep breath and try to remain calm. It is easy to get upset, angry, and mad at the other person for causing the accident. Make sure the other person is not injured and wait for the police to arrive.
• Never Admit Fault. While you are waiting for the police, do not admit fault to the other person or even to the police after they arrive. In Texas, personal injury cases for car accidents are based on modified comparative negligence. So, if you admit fault, you could be held mostly or entirely at fault.
• Exchange Information. If the police say they cannot come out if no one is injured, they will give you specific instructions for filing your police report. Part of this process is to make sure to exchange information with the other person. You should get their name, address, license plate, driver license number, insurance company name, insurance company policy number, and phone number.
• Take Pictures. Use your smartphone and take pictures of any damages, including those of the other person. The pictures can come in handy later when filing your insurance claim.
• Get Contact Details for Any Witnesses. If there are witnesses around, make sure to get their contact details, including name and telephone number. Their testimony may be necessary for the police report and insurance company to prove who was at fault.
• Call a car accident attorney. It never hurts to consult with a car accident attorney to find out your legal rights and potential compensation for your damages. Having help from a qualified attorney can make a huge difference when it comes time to start settlement negotiations.

What Do I Do for a Hit and Run Parking Lot Accident?

If you return to your vehicle and find it has been damaged and no one left a note or hung around, this is considered a hit and run. You would still want to call the police and file a police report. You could wait for any people who are parked near your car to return and ask them if they saw anything and were a witness to the accident.

If there is security driving around the parking lot, you should speak with the security guard and ask if they noticed who damaged your car. It also does not hurt to inquire with security or the store owner if they have security cameras in the parking lot. Sometimes they do, and you just might get lucky and catch the culprit on video.

Since you do not know who caused the accident, it can be more difficult to seek damages from a responsible party. After filing a police report, taking pictures of the damages, and seeing if there are any witnesses or video, you will want to file a claim with your insurance company. It can also be beneficial to call and speak with a car accident lawyer who has knowledge of hit and run claims.

Determining Fault for Parking Lot Accidents in Personal Injury Cases

Determining fault for parking lot accidents will depend on several different factors. Let’s look at some generalized situations and who would be at fault.

1. One car is moving and another is parked or stopped. If a moving car hits a parked car or stopped car, then the driver of the moving car is normally considered at fault.
2. Another person opens their car door and slams it into your car door. Even though both cars are parked, the other driver caused damages to your vehicle, so they would generally be at fault.
3. One vehicle has the right of way when both cars are moving. If the second driver fails to yield or stop and hits the driver with the right of way, then they could be considered at fault.

To see how fault is further determined, let’s review some different types of parking lot accidents. In parking lots, there are specific traffic patterns that determine the right of way. The outer perimeter lanes of the parking lot will have the right of way over the interior parking lanes.

Each interior parking lane may have a specific one-way traffic pattern. The interior parking lanes have the right of way over parking spaces. When pedestrians are added, they have the right of way when crossing most parking lanes, especially when using a designated crosswalk.

• A moving car hits a pedestrian using the crosswalk. In this accident, the car driver would be mostly at fault. However, if the driver had yielded, looked, and then started to drive because they did not see any pedestrians, and then a pedestrian walked in front of the car because they had their head stuck in their smartphone, then the pedestrian could also be at fault.
• A pedestrian pushes a shopping cart into a moving or parked car. If a pedestrian loses control of their shopping cart and hits a car, then they would be considered at fault. They are required to keep the shopping cart under control as if they were driving a car.
• A driver pulls forward through an empty parking space as another car is pulling into that space. The driver who pulled forward would be at fault since the driver pulling into the space from the parking lane would have had the right of way.
• A driver backs out of a parking space and hits a car or pedestrian. The driver backing up would be considered at fault in most cases. There are some exceptions, as when the pedestrian failed to notice the car backing up and walked into it.
• Two cars are backing up and hit each other. In this accident, both drivers would be considered at fault since neither was paying attention. Now, if one driver had stopped backing up and the other driver still hit them, then the one still moving would be at fault.
• Two cars collide as both are pulling into a parking space. Both drivers would be considered at fault for the accident. Now, if one driver had driven the wrong way down a one-way lane, they could be considered more at fault.

As you can see, figuring out who is at fault can be rather complex. Since Texas uses the rule of modified comparative negligence, it can further affect how much each party is responsible for damages.

How Damages Are Awarded for Parking Lot Accident Personal Injury Cases

The first thing that must be established is what percentage each person was at fault for the parking lot accident. If one person is 100% at fault, then they are fully responsible to pay any damages to the other party.

However, if it is determined that one party was only partially at fault and the other party was also partially at fault, then we must look at the exact percentage of fault. For instance, one person was 30% at fault and the other was 70% at fault.

If you were the one who was 30% at fault, you could still file a personal injury claim for damages against the other party. However, your total settlement would be reduced by 30%—the percentage you were found to be at fault.

Once fault is established, then the amount of damages awarded is based on how much the insurance company offers as a settlement. If you attempt to negotiate your claim on your own, insurance companies will offer the least amount possible. This is because people do not fully understand personal injury cases, laws, and how much they are truly entitled to receive.

Just remember, insurance companies are not on your side when it comes to paying for personal injuries and damages. The only way to get a fair settlement is with help from a car accident attorney. Having an attorney also ensures your settlement includes future payouts like lost future wages and medical bills.

Your parking lot accident claim could include:

• Property Damages
• Medical Bills
• Pain and Suffering
• Lost Wages
• Loss of Companionship/Consortium
• Loss of Quality of Life
• Disfigurement

For certain injury claims, if your case goes to trial, a judge could also award punitive damages if they believed the responsible party behaved in an extremely careless manner.

If you or a loved one was injured in a parking lot accident and are not fully at fault, please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713-574-5089 for a FREE consultation with one of our car accident lawyers today!