Maison Law represents California injury victims in pedestrian accidents in fast food restaurants. Unfortunately, being in a Del Taco parking lot doesn’t mean you’re safe from an accident–particularly if you’re there during a busy period. However, you still have legal options. For more information on what you can do, contact our California pedestrian accident lawyers today for a free consultation.
Do You Need a Lawyer?
You never want to be in an accident, let alone one that leaves you injured. That said, when this happens, it gives you certain legal rights and options. Still, you might be wondering if you even need a lawyer to help you. This depends on the circumstances. Basically, the more serious your injuries are, the more help you’ll likely need. So, if your accident is only minor, you probably don’t need to worry about taking legal action.
But, any pedestrian accident leaves you vulnerable. And when you’re in that position, our team can help. We’ll investigate what happened, help you gather important evidence, then guide you through the claims process. We want to make things easier for you and your family.
Who’s Liable in a Del Taco Parking Lot Accident?
Figuring out who’s to blame in a Del Taco parking lot accident can be tricky. Apart from dealing with injuries or damage, it’s confusing to know who should take responsibility. Parking lots come in all shapes and sizes, and sorting out who owns them, who maintains them, and who’s responsible can be a headache after an accident. In California, accidents are often decided based on negligence. This means it’s not just about what caused the accident but also about who acted carelessly and caused it.
In California, both drivers and those that manage parking lots are held accountable for accidents. To prove negligence in these cases, there are four main things to consider:
- Duty of care – The driver or parking lot manager had a responsibility to prevent accidents.
- Breach of duty – They didn’t fulfill this responsibility and acted negligently.
- Cause of the accident – Their negligence led to the accident.
- Connection to damages – The accident directly caused injuries or damage.
Once negligence is proven, it’s important to figure out who’s responsible. In a parking lot accident, blame might fall on:
- The driver
- Another pedestrian
- The Del Taco management or owner
- The company leasing the building
- The city government, if it’s a public parking lot
- The manufacturer of a faulty part, like a broken light
Knowing who’s responsible is key to claiming damages. Depending on the situation, multiple parties might be involved, which means dealing with multiple insurance companies and filing multiple claims. Working with experienced lawyers can help make this process easier, especially when proving who’s at fault.
What Causes Pedestrian Accidents in a Del Taco Parking Lot?
Even in the context of a pedestrian accident in a Del Taco parking lot, the circumstances and underlying cause of the actual accident is going to go a long way in setting the course of your potential claim. Not only will it show who’s mostly responsible, but could also show the extensive nature of your injuries. Regardless, here’s a few of the most common causes of these accidents:
- Confusion
- Distracted driving
- Speeding
- Impaired driving
- Low visibility
- Poorly marked or designed parking lot
To avoid these accidents, it’s crucial to stay alert and watchful while walking in a Del Taco parking lot. Understanding these causes can help, but accidents may still happen despite precautions. This means you’ll be dealing with injuries, and have to take legal action to recover.
What Legal Action Can You Take to Recover Damages?
The main legal protection you have in any injury situation is that you can file an injury claim against the responsible party to recover “damages.” Damages is simply the legal term relating to your injuries and other losses that you have because of the accident. In terms of your options, there’s two main legal actions you can take: filing an insurance claim or filing a lawsuit.
Both options are pretty similar in terms of the process, with the main difference being that the insurance process takes place outside of the court system, while a lawsuit happens inside it. As such, the insurance process is much less formal and usually can wrap up much more quickly. The tradeoff is that the insurance company controls everything, including how much they may offer you for a settlement.
While a lawsuit typically takes longer, it’s a more objective process, and gives you a better chance at recovering more damages. Your damages are going to be unique to your claim, but usually includes things like:
- Medical expenses and related bills
- Lost income resulting from the injury
- Costs for repairing or replacing damaged property
- Financial support for pain and suffering
- Financial consideration for the emotional impact of the event
- Financial support for any loss in companionship or quality of life
- Financial assistance for expenses related to fatal accidents.
As with any injury claim, it’s important to follow California’s time limit for injury claims, which is two years from the accident date. If you miss this deadline, you can’t file a claim or seek damages. Act quickly to protect your rights and pursue the financial support you’re owed.
How Can You Strengthen Your Claim?
Just having the legal right to file an injury claim isn’t a guaranteed way to recover damages from whoever’s responsible. As the victim, filing the claim means you have to show the extent of your damages and then present an effective case to make sure you recover what you’re owed. This process starts immediately after the accident, and involves taking the following steps to strengthen your claim:
- Get medical help as soon as possible – Even if your injury seems small, see a doctor as soon as possible. Some injuries might not show up immediately but could get worse over time if untreated. You can ask Del Taco staff or find first aid in the parking lot for assistance.
- Report the accident quickly – Tell Del Taco staff about what happened as soon as you can. This helps create an official record and lets them know about any safety issues. Be sure to explain exactly how and where the accident occurred.
- Keep evidence safe – Take pictures or videos of where the accident happened and keep any proof, like contact information for witnesses and important documents, in a safe place. This evidence is going to be a key part of your case.
- Keep track of your expenses – Accidents can lead to costs like medical bills and lost wages. Keep a record of all the money you spend because of the accident. This will help if you need to ask for damages later on.
By following these steps, you can protect your rights and make sure you have a strong case if you need to claim your damages. While not all these steps may apply to every situation, they’re good practices to follow after any accident.
Dedicated Pedestrian Accident Lawyers in California
When you go to a Del Taco, you’re probably just trying to get a quick meal. You don’t expect to be in an accident in their parking lot, but sometimes this is exactly what happens. At Maison Law, our team of dedicated California pedestrian accident lawyers will be there to support your claim for damages. We’ll explain your options and then help you get better. Don’t wait–contact us today for a free consultation to get started.
