Visalia is home to many large stores, including Macy’s, Kohl’s, and Walmart among others. Individuals who live in and around the area utilize these stores for grocery items and recreation. Nobody ever thinks about the dangers of a parking lot at a major store until it is too late and they are involved in one. In Tulare County in 2021, the Transportation Injury Mapping System (TIMS) estimated that 87 pedestrian accidents took place, leading to 13 fatalities and 80 serious injuries. With pedestrian accidents on the rise in parking lots and many other areas, pedestrians need options as they move forward and get back on their feet.
At Maison Law, we are prepared to represent victims of pedestrian accidents in Visalia and beyond. We understand how overwhelming it can be to face a pedestrian accident, especially when the insurance company is unwilling to work with you or is trying to pin the blame on you. Contact us today for representation and help receiving the damages you need to get back on your feet.
Determining Liability in Visalia Parking Lot Accidents
To receive damages for a parking lot accident in Visalia, liability must first be determined. To better determine liability, you must first ask the question, “How did the accident occur?” What circumstances led to your pedestrian accident and who played a role in it? Was it a negligent driver or a property owner who contributed to your accident and injuries?
Negligent Drivers: Most parking lot accidents involving pedestrians take place due to the negligence of drivers. In most cases, a driver is pulling into or backing out of a parking space and they don’t see the pedestrian in time. This can happen due to a driver who is distracted, fatigued, or even driving at unsafe speed limits. Drivers are supposed to yield to pedestrians and watch out for them in these areas but do not always do so, leading to traumatic results.
Premises Liability: Parking lot accidents can also occur due to premises liability concerns such as uneven concrete, inadequate security, poor lighting, or even potholes. Property and business owners in Visalia are supposed to ensure the safety of everybody on their property, including pedestrians. This also means making sure that a property is free of any hazards that can harm a pedestrian.
Bringing a Lawsuit After a Pedestrian Parking Lot Accident
If you have been injured in a parking lot accident as a pedestrian, you may be able to seek damages for a wide array of aspects. Even if you were partially to blame for your pedestrian accident, California uses what is known as “comparative fault” laws. This means that you will still be able to collect a certain percentage of damages even if you shared fault. If you were 40% at fault for your accident, you will still be able to collect 60% of the damages that stem from your settlement or lawsuit.
No matter how you choose to move forward with a claim after a pedestrian accident, it can be beneficial to speak with a lawyer who has handled these types of cases in the past. Determining liability in an accident is not always easy to do, especially if the alleged at-fault party’s insurance company is pointing the finger at you and claiming that you caused your accident. Speaking with a legal advocate is one of the best steps that you can take for your claim.
Damages You Can Collect as a Parking Lot Victim
Accidents that affect pedestrians in parking lots tend to result in catastrophic injuries or even lead to death depending on how severe they are. Even though every pedestrian accident is different from the next, there are some damages that you may be eligible to collect depending on the circumstances of your claim:
Medical Expenses: After your accident, you will likely spend time in the hospital and attending follow-up visits with your physician. You may also be able to collect damages for aspects such as medication, therapy sessions, and more.
Lost Wages: Many victims miss an extensive time at work when they have sustained serious injuries and are unable to return for some time. If you are unable to work, the bills can continue to pile up steadily. This is why it is important to seek support for these damages as quickly as possible.
Lost Earning Capacity: Your injuries may have been so severe that you have to stop working completely or change careers. You may be able to seek support in these more serious cases as well.
Adaptive Equipment: In-home care, wheelchairs, and other adaptive equipment may be necessary after a serious pedestrian accident.
Pain and Suffering: You can gain compensation for physical and emotional pain stemming from your accident and injuries.
Contact a Visalia Pedestrian Accident Lawyer
Every pedestrian accident comes with its own set of concerns, no matter where it happened. In the case of pedestrian accidents that occur in parking lots, various parties could be liable for the harm that results. This can leave a pedestrian in a difficult position, especially as the bills keep adding up.
At Maison Law, we will compassionately work to protect your rights following a pedestrian accident that has led to serious trauma and property damage. Speaking with a Visalia pedestrian accident lawyer can put your claim into perspective and help you answer any questions that you may have regarding your claim. Please do not hesitate to contact a pedestrian accident attorney today to find out what options are available for you. We offer you a free and completely confidential case review.
