Car accidents typically conjure images of collisions between drivers, but there’s another, even more, perilous type of accident: pedestrians getting hit by drivers. According to data from the California Highway Patrol’s Statewide Integrated Traffic Record System (SWITRS), there were 11 pedestrian accidents that resulted in either fatalities or injuries throughout Delano in 2022.

While these can happen anywhere in Delano, one of the most common spots these accidents happen is in parking lots. Given these statistics, it’s crucial to understand the factors contributing to these accidents and know how to respond if you’re injured.

Dedicated Delano Pedestrian Accident Lawyers

If you find yourself injured in a pedestrian accident in a Delano parking lot, having reliable legal assistance is essential to recovering from your injuries. At Maison Law, our experienced Delano pedestrian accident lawyers are well-versed in handling pedestrian accident cases. With a successful track record, we can help you understand your legal options and provide support throughout the process

Injuries in Delano Parking Lot Accidents

There are certain scenarios when avoiding pedestrian accidents is simply unavoidable in Delano. This is especially true in parking lots, which have a variety of factors that lead to these accidents. When you or any other pedestrian is struck by a vehicle while walking through a Delano parking lot, though, the potential injuries can be extensive:

When a car collides with a pedestrian, it can result in severe head injuries, including traumatic brain injuries, concussions, and skull fractures.
Pedestrians struck in the back or neck may suffer from spine injuries, leading to paralysis or other long-term disabilities.
Pedestrians often suffer fractures in their arms, legs, or hips, frequently requiring surgical treatment.
Internal organs like the liver, spleen, or kidneys can be damaged in pedestrian accidents.
Pedestrians thrown to the ground by a vehicle impact may sustain cuts, bruises, and scrapes, increasing the risk of infection.
Pedestrian accidents cause physical harm and emotional distress, with individuals experiencing anxiety, sadness, or ongoing stress, significantly affecting their lives.

In very serious cases, pedestrian accidents can lead to death because pedestrians are more at risk than drivers or passengers in the vehicle, even in parking lots.

So, if you get injured in a pedestrian accident, it’s essential to seek medical help right away. Also, make sure to get details about the driver involved and take photos or videos of the accident scene as evidence, which may be important if you decide to take legal action.

Causes of Delano Parking Lot Pedestrian Accidents

Obviously, the severity of injuries that pedestrians can suffer makes it easy to understand the seriousness of Delano parking lot accidents. At the same time, it’s crucial to understand the numerous factors that contribute to the hazardous nature of these accidents:

Parking lots in Delano often experience high traffic volume, making it challenging for both drivers to spot pedestrians and pedestrians to safely cross the streets.
Many drivers in Delano parking lots are often distracted or impaired, increasing the likelihood of accidents.
Parking lots in Delano may lack sufficient safety features, such as crosswalks, pedestrian islands, and traffic signals, which can increase the risk for pedestrians.
Pedestrians in parking lots, like in other areas, have limited protection against vehicles, leaving them more vulnerable to injuries in accidents.
Many parking lots prioritize cars over pedestrian safety, neglecting the needs of pedestrians and bicyclists.
Pedestrians in parking lots often face poor lighting conditions, especially at night, which heightens the risk of accidents.

Can these accidents be avoided?

Given these factors’ involvement in most pedestrian accidents, it’s essential for pedestrians to take measures to protect themselves while in a Delano parking lot. While these accidents can’t always be avoided, taking the following steps can reduce the likelihood that you’ll be involved in one:

Pay close attention to your surroundings and be aware of moving vehicles and other pedestrians.
Stick to designated pedestrian walkways and crosswalks when navigating the parking lot.
Look both ways before crossing any lanes or aisles, and make eye contact with drivers to ensure they see you.
Avoid using your phone or other electronic devices while walking in the parking lot.
Assume that drivers may not see you and be prepared to yield to them if necessary.
Obey traffic signs and signals, just as you would on the road.
Wear bright or reflective clothing, especially in low-light conditions, to increase visibility.

By being proactive and cautious, pedestrians can reduce the likelihood of accidents and better protect themselves on Delano’s parking lots.

Determining Fault in a Delano Parking Lot Accident

Figuring out who is at fault in a Delano pedestrian accident in a parking lot can be complex and depends on the specific details of the incident. Fortunately, like any other accident, negligence is a key factor in assigning liability for your injuries. In these situations, the concept of negligence refers to:

The duty of care that drivers, management, and others have to ensure the safety of everyone that’s using the parking lot.

Generally speaking, when a parking lot accident occurs due to negligence or recklessness:

The responsible person or party failed in their duty to keep pedestrians safe.
If the accident causes injuries and damages, the person or party responsible is liable for those damages.

Various parties could be held liable in a parking lot pedestrian accident, including:

The driver of the vehicle involved in the accident.
The vehicle owner, if someone else was driving the vehicle.
The property owner or manager if safety measures were inadequate.
The manufacturer of faulty equipment or parts that played a role in the accident.
Other pedestrians or individuals who acted negligently and contributed to the accident.

It’s essential to understand that California law considers comparative negligence, which means you might share some of the liability. This means the compensation you receive from the responsible party can be reduced based on the percentage of fault you contributed to the accident. For instance, if you are found to be 10% at fault, your potential recovery will be reduced by the same 10%.

Claims Process in a Delano Parking Lot Accident

If you’re been injured in a Delano parking lot as a pedestrian, you have the right to seek compensation from the responsible parties. Usually, you can pursue this through both:

An insurance claim
A personal injury lawsuit

Filing an insurance claim involves contacting the responsible party’s insurance company to submit a claim. The insurance company, once the claim is filed, will:

Investigate the accident
Gather their own evidence through records and statements
Offer a settlement

Keep in mind that the ultimate goal of an insurance company is to try to pay as little as possible. Our experienced team can assist you in building a strong case and negotiating for a fair settlement.

If the insurance settlement isn’t enough to cover your injuries and damages, the next step is to file a personal injury lawsuit. By working with our team, you can focus on your physical recovery while we handle the legal process, starting by filing the lawsuit in civil court. From there, your case will generally proceed as follows:

Documents and other evidence will be exchanged during the discovery process.
If the case doesn’t settle through mediation, it could proceed to trial, where a judge and jury will determine the final settlement amount.

The lawsuit aims to recover damages for your:

Medical expenses
Lost wages
Emotional distress
Pain and suffering
Loss of enjoyment of life or companionship
Punitive damages in certain cases

It’s important to know that the process of filing a lawsuit in a Delano pedestrian accident can vary based on your specific case. Our team can assess your case’s strength and provide support throughout the process.

Legal Guidance and Support After a Delano Pedestrian Accident

When you fall victim to a pedestrian accident in a Delano parking lot, Maison Law will be there to help. Our team of skilled and experienced pedestrian accident lawyers is here to help you get the benefits and support you need to recover. We handle everything related to your claim, allowing you to focus on your recovery. Contact us today for a free consultation and let us guide and support you.

Parking Lot Pedestrian Injuries in Delano