Maison Law helps people who have been injured while walking in California fast food restaurant parking lots. You might think about it, but this is a fairly common spot where accidents can happen, being that they’re often busy and full of dangers. If you’re injured because someone else wasn’t careful, our team is here to support you. Contact us today to schedule a free, no-obligation consultation to talk about your options.
Should You Hire a Lawyer?
One of the first questions you probably have after you’ve been hurt in an accident in a Carl’s Jr. parking lot is whether or not you should hire a lawyer. The answer, as with most things in the legal process, depends on the circumstances.
Hopefully, your injuries are just minor in nature. If that’s the case, you probably won’t need a lawyer or even need to file a lawsuit. However, you’ll likely need more help if you’re more seriously injured–as is common in pedestrian accidents. At that point, you should think about hiring a lawyer, and our team stands ready to be there to help you. We can investigate what happened, figure out who all is responsible, then help you through a claim.
What Do You Need to Do For a Strong Claim?
Once you decide to take legal action after you’ve been hurt, it’s then on you to build a claim. Some of this is taken care of the instant you’re hurt. California law says that you have the legal right to file an injury claim if you’re hurt in an accident (so long as it’s caused by someone else’s negligence.) As it relates specifically to a pedestrian accident in a Carl’s Jr. parking lot, this is usually the case. At that point, though, you have to do what you can to protect your health and strengthen your potential claim:
- Get medical help right away – Even if you think your injuries are minor, call for medical help right away. This not only addresses immediate injuries but also helps catch any delayed symptoms. Carl’s Jr. should provide first aid until help arrives.
- Report the accident to police and Carl’s Jr. – Call the police to make an official report. Also, inform Carl’s Jr. staff or manager about the accident so they can handle any hazards.
- Exchange contact and insurance information – Get contact and insurance details from everyone involved, including drivers and people at the restaurant. Provide your information too. If there are witnesses, get their contact details.
- Document the accident scene – Use your phone or camera to take pictures and videos of the accident scene, including damage, injuries, and the parking lot conditions. Also, ask if there’s any surveillance or security footage.
- File a claim with your insurance – Inform your insurance provider about the accident, regardless of fault. Then, file a claim to take care of any immediate medical needs.
- Follow your doctor’s treatment plan – Stick to your doctor’s treatment plan to show you’re serious about getting better.
- Don’t admit fault – Only discuss the accident with legal representatives or authorities. Avoid admitting fault or discussing it on social media.
- Track your damages – Keep records of how the accident has impacted your life, including missed work, reduced quality of life, pain, and emotional distress.
- Preserve any evidence – Save medical records, bills, and other expenses related to the accident.
Following these steps is crucial for your claim and your health. Not following them doesn’t take away your options but can make proving damages harder.
What Are Your Damages in a Carl’s Jr. Parking Lot Accident?
The main goal of your injury claim is to recover “damages” from the parties that are responsible for your accident. “Damages” is simply the legal term for your losses from your injuries. You have two primary options: filing an insurance claim or filing a lawsuit.
Both paths involve a similar process, but they differ in that insurance claims are settled outside of court, while lawsuits proceed through the legal system. Insurance claims are speedier but grant the insurance company control over settlement offers. Lawsuits take more time but provide a more impartial process and potentially greater damages.
Damages can vary but commonly include:
- Medical expenses and bills
- Lost income stemming from the injury
- Costs for repairing or replacing damaged property
- Financial support for pain and suffering, and emotional distress
- Financial considerations for the loss of companionship or quality of life
It’s important to remember that in California, you have two years to file an injury claim. Missing this deadline means you can’t file a claim or seek damages.
Who’s Responsible For Paying For Your Damages?
Parking lot accidents can be tricky, not just because of injuries, but also determining who’s at fault. Your typical Carl’s Jr. parking lot comes in various layouts, and is also going to require some sorting out of:
- Ownership
- Maintenance
- Responsibility
Since California law focuses on negligence, it’s crucial to figure out not only what caused the accident, but who or what contributed to it.
In California, drivers in parking lots are held to the same liability standard for accidents. When negligence causes an accident, both the driver and the parking lot manager can be accountable for damages. Proving negligence usually involves four parts:
- The driver or manager had a duty to prevent accidents.
- They failed in this duty due to negligence.
- This failure caused the accident.
- There’s a clear link between the accident and the resulting injuries or damages.
Once negligence is proven, identifying the responsible party is key. In parking lot accidents, liability can fall on:
- The driver that hit you
- Another pedestrian
- The owner of the Carl’s Jr.
- The building leasing company where the Carl’s Jr. is located
- The government agency responsible for maintenance or upkeep, if it’s a public parking lot
- The manufacturer of a faulty part or piece of equipment
Finding out who’s responsible is crucial for your damages claim because it indicates who legally should pay for your damages. Also, if the accident involves multiple parties, there may be multiple claims and interactions with different insurance companies. Our team of experienced lawyers can make this process easier, especially when there are questions about liability.
How Do Pedestrian Accidents Happen in Carl’s Jr. Parking Lot?
Figuring out liability in a parking lot accident at a Carl’s Jr. can indeed be tricky, but looking at what actually happened can go a long way to clear this up. Still, every accident is unique. So, you need to know how accidents can happen. And as you might expect, it has a lot to do with the situation:
- Drivers being distracted or driving too fast through the parking lot
- Cars being parked in pedestrian walk zones
- Not having enough security or cameras in the lot
- Poorly designed lots, which lead to confusion
- Darting in and out of parking spaces
- Uneven or cracked pavement
- Not having enough signage or warnings
No matter how careful you are as a pedestrian, you can’t account for the actions of other drivers or even of Carl’s Jr. itself. This, unfortunately, can put you in harm’s way. Worse, it’s likely that your accident was preventable. Regardless of how it happens, though, you can trust our team to guide you through the claims process.
Legal Guidance After a Pedestrian Accident at a California Carl’s Jr. Parking Lot
At Maison Law, our California pedestrian accident lawyers will be there to give you the legal guidance and support you need after you’ve been injured in a Carl’s Jr. parking lot. You might not expect to be hurt in this situation, but the fact remains that it can happen. When it does, you can trust our team. Contact us today for a free consultation to get the process started.
