If you’ve been injured in a McDonald’s or any other fast food restaurant parking lot, Maison Law’s California pedestrian accident lawyers are here to help you. These accidents can be frustrating, leaving you with injuries that were in all likelihood preventable. Don’t hesitate to contact us today to set up a free consultation to talk about your case.
When Do You Need a Lawyer?
You don’t always need a lawyer when you’re in an accident at a California McDonald’s parking lot. In fact, you’re not required to have a lawyer for any injury claim. But you probably need a lawyer if your injuries or accident are more serious. It’s overwhelming trying to handle the legal side of things while also trying to get better.
That’s where our team can step in and help you. With our experience and resources, we’ll investigate what happened, explain your options, help you gather crucial evidence, then help you through the claims process. Most of all, we just want to make things easier for you.
What Can You Do After an Accident in a McDonald’s Parking Lot?
There’s two ways to look at the aftermath of an accident in a McDonald’s parking lot: there’s what you need to do and what you can do legally. First and foremost, you have to make sure your health and safety are taken care of. Everything else will generally take care of itself, but still, you should take the following steps after the accident:
- Get immediate medical help – Call for medical assistance right away, even if you think your injuries are minor. McDonald’s staff should offer first aid until help arrives.
- Report the accident – Call the police to report the accident officially. Also, let McDonald’s staff or the manager know about it so they can address any hazards.
- Exchange information – Share contact and insurance details with everyone involved, including drivers and people at the restaurant. Don’t forget to get information from witnesses too.
- Document the accident scene – Take photos or videos of the accident scene, including damage, injuries, and the parking lot conditions. Check if there’s any security footage available.
- File an insurance claim – Inform your insurance provider about the accident and file a claim to cover any immediate medical needs.
- Follow Your doctor’s orders – Stick to the treatment plan your doctor gives you to show you’re serious about getting better.
- Don’t admit fault – Only talk about the accident with legal representatives or authorities. Avoid discussing it on social media.
- Keep track of your damages – Keep records of how the accident has affected you, like missed work, pain, or emotional distress.
- Save evidence – Hold onto medical records, bills, and other expenses related to the accident.
Legally speaking, you have the ability to file an injury claim if you’re hurt in one of these accidents. It’s here that you usually have two options:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
Following these steps is important for your claim and your health. Not following them doesn’t take away your options, but it might make proving damages harder. And given that your injuries could be significant, the damages you can get will be important to your overall recovery.
What Damages Can You Recover in Your Injury Claim?
The main aim of your injury claim is to recover what are legally termed as “damages” from the responsible parties in your accident. Damages simply refer to the losses you’ve experienced due to your injuries.
Whether you decide to file an insurance claim or lawsuit, they involve a similar process but differ in how they’re resolved. Insurance claims are typically resolved outside of court and are faster, but they give the insurance company control over settlement offers. Lawsuits, on the other hand, take longer but offer a more impartial process and potentially higher damages.
Damages are related to your:
- Medical expenses and bills
- Lost income due to the injury
- Costs for repairing or replacing damaged property
- Financial considerations for your pain and suffering, and emotional distress
- Financial support for the loss of companionship or reduced quality of life
It’s crucial to note that in California, you have a two-year window to file an injury claim. Missing this deadline means you won’t be able to file a claim or seek damages. But this raises an important question, who pays for your damages?
Who Pays For Your Damages in a McDonald’s Parking Lot Accident?
Just because an accident happens in a McDonald’s parking lot doesn’t necessarily mean that McDonald’s itself will be responsible for covering your damages. Rather, it depends on who was “negligent” and caused the accident.
This is the standard for most any accident claim, but given that there’s different circumstances in a McDonald’s parking lot accident needs to be addressed. Basically, it comes down to what actually happened, as well as who’s responsible for taking care of the parking lot.
In the specific context of a pedestrian accident at a McDonald’s parking lot, various parties could potentially be held liable, including:
- McDonald’s – McDonald’s might be responsible if the accident happened because of dangers on their property, like bad lighting or poorly kept surfaces.
- The restaurant’s management – McDonald’s managers could be at fault if they didn’t set up proper safety rules or train their staff well enough to prevent accidents.
- An employee – If an employee caused the accident by being careless while working, both the employee and McDonald’s could be to blame.
- The driver involved in the collision – The driver who hit you is going to carry most of the responsibility if they were driving badly, not paying attention, or driving under the influence.
- Manufacturers of vehicles or parts – If the accident happened because of a problem with the vehicle or a part, the company that made them could be responsible.
- Local or state government agencies – Government groups in charge of roads and traffic might be responsible if the accident was because of bad road signs, bad road conditions, or broken traffic lights.
- The owner of the shopping center or parking lot (if not McDonald’s) – If the accident happened on someone else’s property, like in a shopping center or parking lot, they might be to blame for any problems on their property that caused the accident.
Moreover, “comparative negligence” might diminish the damages you can get based on your portion of fault in the accident. While it doesn’t prohibit you from pursuing a claim, it can impact the final outcome. That’s another area where our team can be a benefit to you. We can put together a strong claim for you and make sure you have what you need to see it through.
Legal Support After a McDonald’s Parking Lot Accident
Virtually every McDonald’s has a busy parking lot, and while you might not expect to get hurt while walking in one, it’s something that can happen. When you’re hurt because someone didn’t do something they were supposed to do, our team of California pedestrian accident lawyers at Maison Law will be there to help. We’ll give you the legal support and guidance you need. Contact us today for a free consultation to learn more.
