Most car accidents in Delano happen on the street or freeway. But there are numerous other areas in the city where an accident might happen. One of the most common, yet often overlooked areas where these accidents take place are parking lots. When you stop and think about it, parking lots have a variety of different aspects that can lead to a car accident, from crowded, tight spaces to people exiting their vehicles and not necessarily watching out for drivers.
All of these things add up to accidents. When you’re involved in one of these accidents, it can be stressful not only because of your injuries or damage to your car but also because a parking lot can be a gray area in terms of liability. Still, like any accident, you have rights and options after a parking lot incident in Delano.
Experienced Delano Car Accident Lawyers
If you’ve experienced a parking lot accident and are concerned about getting the financial and legal assistance you need to cover medical bills and property damage, Maison Law is here to help. Our team of dedicated Delano car accident lawyers has extensive experience in handling parking lot accident cases and injury claims. We not only provide expert guidance but also offer validation and emotional support during your journey to recovery.
For more information about our process, feel free to contact us for a free, no-obligation consultation.
How Do Parking Lot Accidents Happen in Delano?
Just because you’re in a parking lot doesn’t mean you won’t face a car accident. In fact, like many other areas of Delano, parking lots see their fair share of accidents. There are a variety of different reasons for this, but most involve the following causes:
- Distracted driving – Drivers may get distracted by their phones, passengers, or other activities while maneuvering through parking lots.
- Reversing collisions – The act of backing out of parking spaces can be dangerous due to limited visibility, with pedestrians or other vehicles possibly nearby.
- Speeding – Some drivers might surpass the speed limit in parking lots, raising the chances of parking lot accidents.
- Failure to yield – Drivers may neglect to give the right of way to other vehicles or pedestrians, resulting in collisions.
- Poorly marked or designed parking lots – Inadequate signage, unclear markings, and tight spaces can cause confusion and contribute to accidents.
- Lack of visibility – Many parking lots have obstructed views caused by overgrown vegetation or poorly placed structures can lead to accidents.
- Pedestrian behavior – One of the biggest contributors to parking lot accidents is when pedestrians don’t follow designated walkways or are distracted and not aware of cars and vehicles.
- Impaired driving – Driving under the influence of alcohol or drugs can impair judgment and reaction time, elevating the risk of parking lot accidents.
- Inadequate lighting – Insufficient lighting in parking lots can make it difficult to see pedestrians and obstacles.
- Confusion and unfamiliarity – Unfamiliar visitors to parking lots may encounter difficulty navigating, potentially leading to accidents.
Obviously, with so many different factors leading to these accidents, it’s important to always stay alert and aware of what others are doing while navigating a parking lot in Delano. With that said, knowing the causes of these accidents can help you avoid them, but it’s not always possible to prevent them.
Who is Responsible For a Parking Lot Accident in Delano?
Obviously, one of the most difficult aspects of a parking lot accident–aside from injuries or damage to your vehicle–is who is responsible. Not only are parking lots laid out in several different configurations, but the question of ownership, maintenance, and responsibility can also lead to confusion after an accident. Because California accident law hinges on negligence, it’s very important to understand not just the cause of the accident, but who or what entity acted in a way that led to it.
Ultimately, drivers in parking lots are held to the same standard of liability for accidents under California law. When negligence causes an accident, both the driver and the entity or company responsible for managing the parking lot can be responsible for the resulting damages. Proving negligence in these accidents typically involves four elements:
- The driver or parking lot manager had a duty of care to prevent accidents
- They breached this duty by acting negligently
- This breach caused the accident
- There is a “causal link” between the accident and the resulting injuries or damages
Once negligence is established, determining the responsible party becomes essential. In a parking lot accident, liability for damages may fall on one or more of the following parties:
- The other driver
- The pedestrian
- The owner of the store or property
- The company that leases the building
- The city government, if the parking lot is publicly owned
- The manufacturer of a defective or faulty part, such as a broken light
Identifying the responsible party is crucial to the overall claim for damages. Moreover, depending on the accident’s circumstances, multiple parties may be involved, leading to the possibility of filing multiple claims for damages and dealing with multiple insurance companies. Thus, working with our team of experienced Delano car accident lawyers can make the situation much easier, especially when you have to prove liability.
How Can You Prove Liability?
Determining liability in a parking lot accident can be complex. Each case is unique, involving various factors, multiple vehicles, pedestrians, and different degrees of fault. A thorough investigation is necessary to establish who is at fault and responsible for the damages.
Like any accident, evidence will be vital to your potential claim, and will usually include things like:
- Eyewitness accounts
- Surveillance footage
- Accident reports
- Photos and videos of damage
- Medical reports and records
Again, parking lot accidents often involve shared liability, with more than one party contributing to the collision. For example, both drivers may be negligent, or a driver might share fault with a pedestrian who was jaywalking. As such, California’s “comparative negligence” rule will come into play. This means that your percentage of fault in the accident if there is one, will reduce your potential reward by that same percentage.
Damages Available in a Delano Parking Lot Accident Claim
Experiencing a parking lot accident in Delano can be extremely frustrating, with injuries requiring medical care and damage to your vehicle. These impacts go beyond just financial aspects and can also affect you emotionally and psychologically.
Fortunately, California law allows you to seek compensation for damages through insurance claims or lawsuits. Although the process may be lengthy, it can be rewarding in recovering various damages, including:
- Medical expenses – This covers all expenses for medical treatment and care needed to treat the injuries. It includes hospital stays, surgeries, medications, rehabilitation, physical therapy, medical equipment, and follow-up appointments.
- Lost wages – This refers to the wages or salary the injured person couldn’t earn due to the accident, including time off for medical appointments and recovery. In severe cases, it may cover a long-term impact on their ability to work if the injuries cause permanent disability.
- Property damages – These damages typically involve the cost of repairing or replacing the damaged vehicle or other property involved in the accident.
- Pain and suffering – This encompasses physical and emotional distress resulting from the accident and injuries. It includes the pain during recovery and ongoing discomfort, as well as emotional anguish, anxiety, and mental distress.
- Emotional distress – This refers to psychological harm resulting from the traumatic experience of the accident. It may include symptoms of anxiety, depression, PTSD, and other emotional consequences.
Filing a claim after a parking lot accident is not easy, as it involves identifying multiple responsible parties. To ease the burden, consider reaching out to our experienced team of Delano car accident lawyers. We have a successful track record in handling these claims and can take on the day-to-day responsibilities for you.
Work With Dedicated Delano Car Accident Lawyers
When you’re in a parking lot accident in Delano, you should be able to trust your safety and well-being to other drivers or parking lot managers. While accidents may be unavoidable, knowing your options is crucial in such unfortunate situations.
At Maison Law, we offer free consultations to parking lot accident victims in Delano and can help you through the claims process. Contact us today to schedule yours and learn about the guidance and support we can provide to see your claim through.