Maison Law helps pedestrians that have been injured while walking in Wendy’s parking lots in California. You never want to be in a situation where you’re injured, but it’s even more frustrating when you’re walking through a parking lot. To learn more about your options in this situation, contact us today for a free, no-obligation consultation.
When Do You Need a Lawyer?
It might seem simple, but a pedestrian accident in a Wendy’s parking lot does raise some questions. Not only do you have to contend with your injuries, but there’s always going to be questions about liability.
But whether or not you need a lawyer depends on the situation. If your accident or injuries are minor, you probably don’t need to worry about taking legal action. However, in the event that your injuries are more serious, you’ll likely need the help of our legal team. We’ll investigate what happened, help you gather evidence, and then guide you through the claims process. We take pride in our ability to make things easier for you and your family.
Who’s Liable For Your Injuries?
Getting hurt while in a Wendy’s parking lot is incredibly frustrating, whether it involves falling or–more likely–being struck by a vehicle. Either accident is mostly preventable, but when you’re hit by a vehicle, you’re likely to end up with injuries. This gives you legal options, but you first have to figure out who’s liable for the accident.
In order to do that, you have to show negligence. At that point, it becomes a bit tricky. Typically, the driver is responsible because they are obligated to yield to pedestrians, particularly in parking lots and walkways where most of these accidents happen.
Establishing negligence generally puts fault on the driver that hit you. Still, other parties may share responsibility depending on the circumstances:
- Wendy’s owner or management – If the Wendy’s property is unsafe due to things like bad walkways, poor lighting, or missing signs, the owner or manager could be responsible for accidents. They’re supposed to keep the parking lot safe for customers and pedestrians.
- Other pedestrians – If another person in the parking lot behaves recklessly and causes an accident, they might share the blame for any injuries that result.
- Car manufacturers – If a pedestrian accident involves a vehicle with defects like faulty brakes, and these defects cause the accident, the manufacturer of the vehicle could be held responsible for the harm caused.
- Local governments – If the parking lot has dangerous conditions that the local government is supposed to manage, like bad layout, insufficient signs, or poorly maintained surfaces, they could be at fault for negligence if an accident happens.
Liability is usually the starting point of any injury claim. Yet, if you’re hurt as a pedestrian, it’s equally important to do a few things to protect your claim.
How Can You Protect Your Pedestrian Accident Claim?
Just because you don’t expect to be hurt in a Wendy’s parking lot as a pedestrian doesn’t mean you shouldn’t at least be prepared. In fact, these accidents happen more than you might think, especially in more crowded locations or at certain times of the day. Even when you take the necessary precautions, you can’t always anticipate drivers’ actions. So, when you’re involved in one of these accidents, try to do the following to protect your claim:
- Get medical help – Your health is a top priority. Even if injuries seem minor, it’s essential to get medical help right away. Call an ambulance for help at the scene, then get further care at a hospital.
- Report the accident to Wendy’s – Tell an employee or the restaurant manager about the accident so they can take steps to fix any issues. They should also give you first aid, and may have their own procedure for reporting accidents that can help you document things.
- Call the police – You’ll also want to call the local police so they can respond. Prompt reporting ensures proper documentation of the incident.
- Collect evidence and information – Gather evidence from the scene, including photos of the accident site, vehicle license plates, and any visible injuries. Obtain insurance and contact information from the driver(s) involved and any witnesses.
- Document your losses – Keep records of medical expenses, lost wages due to inability to work, and any other financial losses resulting from the accident. This documentation will be important for the claims process.
- File a claim with your health insurance – Notify your health insurance company about the accident to make sure you have initial coverage for medical treatment.
While these steps may seem challenging, especially if you’re dealing with injuries, they are crucial for protecting your well-being and rights after a pedestrian accident. It also has the added benefit of giving you a leg up if you decide to take legal action.
What Are Your Legal Options After a Pedestrian Accident at a Wendy’s?
Legally speaking, your options are the same regardless of where your accident happens. This means that you can do two things when you’re hurt in a Wendy’s parking lot:
- File an insurance claim outside of court
- File a personal injury lawsuit inside the court system
Both of these options equate to entering the claims process, which aims to help you recover “damages.” These typically include:
- Medical expenses and treatment costs
- Lost wages or earning potential
- Repair/replacement costs for any damaged property
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
While the specifics of the claims process vary, these types of damages are available in every claim. The amount you receive depends on the severity of your injuries and who is found responsible for the accident.
Reducing Chances of a Pedestrian Accident in a Wendy’s Parking Lot
Again, the best case scenario for you or anyone else is to not be injured at all. Unfortunately, though, walking in or out of a Wendy’s sometimes puts you in harm’s way. Even worse, you have very little control over the situation because you can’t account for the actions of drivers. That said, there’s a few things you can do to reduce the chances you’ll be involved in one of these accidents:
- Stay alert – Be aware of your surroundings and watch out for moving vehicles and other pedestrians.
- Stick to walkways – Use designated pedestrian walkways and crosswalks when crossing the parking lot.
- Look both ways – Always check both ways before crossing lanes or aisles, and make eye contact with drivers to ensure they see you.
- Don’t be distracted – Avoid distractions like phones while walking in the parking lot.
- Be careful – Be prepared to yield to drivers if needed, as they may not always see you.
- Follow signs – Follow traffic signs and signals in the parking lot.
- Increase your visibility – Wear bright or reflective clothing, especially in low-light conditions, to be more visible.
By being careful and proactive, you can lower the risk of accidents and stay safer in Wendy’s parking lots. If you do get in an accident, though, you can trust our team for support.
Contact Maison Law For a Free Consultation After a Wendy’s Pedestrian Accident
You can’t always avoid being in a pedestrian accident in a Wendy’s parking lot. When you’re left with injuries, our California pedestrian accident lawyers at Maison Law will be there to support you. We’ll explain your options, then guide you through the claims process. For a free consultation, contact us today.
