Navigating Parking Lot Injuries: Your Rights and Legal Options

Parking lot injuries are more common than most people think. For example, one study showed that at least 20 percent of car accidents in the US happen at parking lots. And that is just one of the many ways people get injured in these places.

So if you or your loved one has been injured at a parking lot due to someone else’s negligence, you may be entitled to compensation for your damages. It is understandable that you may have many questions about parking lot accidents in general. At Morgan and Morgan, we understand how difficult it is to deal with such a situation, which is why we are here to help. Below, we have answered some of the most common questions our clients ask about parking lot injuries and accidents.

What Causes Parking Lot Injuries?

Parking lot injuries occur due to many different reasons. For instance, some injuries occur due to speeding, drunk driving, negligent driving, etc.

Some parking lot injuries also occur due to poor conditions of the parking lot. For instance, the presence of ice or potholes can cause accidents in such areas.

Other injuries occur due to negligent security, which refers to a wide range of security breaches by a property owner, manager, or any other party responsible for securing the property. For instance, an assault or robbery due to the property owner or manager's failure to install security lights can lead to serious injuries.

There have also been cases where people have been injured in poorly-designed parking lots. Such cases are usually more common in private parking lots.

What Are Some Common Parking Lot Injuries?

Some common parking lot injuries include the following:

• Broken bones
• Broken spinal cords
• Head injuries
• Cuts and bruises
• Concussions
• Whiplash

Some of these injuries may require expensive treatment, while others can significantly change the lives of the injured. For example, severe spinal cord injuries may lead to partial or permanent paralysis.

Worse case scenarios, some of these accidents may lead to death. Sadly, cases of deaths in parking lots are quite common throughout the U.S. To put things into perspective, at the time of writing, a Middletown, NJ man succumbed to his injuries after being run over in a parking lot.

Who Is Responsible for Parking Lot Injuries?

Many different parties may be held responsible for parking lot injuries. It all depends on the specifics of the case. Here are a few scenarios of when various parties may be liable for these injuries.

A property owner could be liable for a parking lot injury if the accident occurred due to negligence. For example, the property owner may be liable if the parking lot had oil spills and someone stepped on them, slipped, and fell. However, to be liable, the plaintiff must prove that the defendant was negligent. In this case, they may be able to prove negligence if the property owner knew or should have known about the oil spill in the parking lot but did not take reasonable measures to prevent the injury.

A driver may also be liable for injuries caused by a car accident in the parking lot. This is especially true if the at-fault driver was speeding, drunk, or distracted while driving.

If the accident occurred on government property, you may be able to sue the government for your injuries. Although these lawsuits are usually much more complex, a skilled parking lot injury lawyer can help you navigate the complexities of your case, even against a government entity, and secure the compensation you deserve.

What Should I Do if I Get Injured at a Parking Lot?

The steps you take after a parking lot injury can make or break your case. That said, it is important to note that these steps vary depending on the unique circumstances of your case. That said, here is what to do if you get injured in a parking lot.

• Call 911 immediately and request medical attention
• Document the accident scene by taking photos, videos, and the contact information of any witnesses
• Notify the property owner or manager about the accident – they will write an accident report
• Make sure you obtain a copy of the accident report
• Ensure you get checked by a doctor even if you did not suffer serious injuries
• Contact an experienced parking lot injury attorney for a case evaluation

Can I Still Recover Compensation if I Am Partly Responsible for a Parking Lot Injury?

It depends on the type of negligence state where the accident occurred. Generally, there are three main types of negligent states in the U.S. They include the following:

Contributory negligence: If the accident happened in a state that follows the contributory negligence doctrine, you may not recover any compensation even if you were 1% at fault for the accident. These laws are often controversial. For this reason, they only apply in four states—Virginia, North Carolina, Maryland, and Alabama.

Pure comparative negligence: States that follow the pure comparative negligence legal doctrine allow you to recover compensation based on your percentage of fault for the accident. For instance, if you were 30 percent at fault, you can only recover 70 percent of the damages.

Modified comparative negligence: In a modified comparative negligence state, you can only recover damages if your percentage of fault is under a particular threshold, usually 50 or 51 percent.

What Happens if I Get Injured at the Parking Lot at My Workplace?

If you got injured in the parking lot at your workplace, you might still be eligible for compensation. However, your pathway to compensation may be quite different depending on different factors.

Suppose you got injured while on shift—in that case, you may be able to file a workers' compensation claim with your employer. Keep in mind that this option only works if you are an employee of the company and not an independent contractor. If you are an independent contractor, you will need to file a claim directly with the at-fault party's insurer.

Besides filing a workers' compensation claim with your employer, you may be able to file another claim or lawsuit if the accident occurred due to a third party's negligence. In this context, the term “third party” refers to any other party other than your employer or yourself. For instance, let's say you were injured by a truck delivering materials in your workplace. In that case, you may be able to file a claim with the truck driver's insurer.

Can I Still File a Claim if I Get Injured in a Parking Lot on Private Property?

Getting injured on private property does not mean that the other party is free from liability. On the contrary, in most cases, private property owners may owe you a higher degree of duty of care than when you get injured on government property.

For instance, suppose you slipped and fell in the parking lot of someone's private residence. In that case, they still owe you a duty of care even though the incident occurred on private land. However, given these cases are usually complex, it is always advisable to involve an experienced slip and fall lawyer.

What Damages Can I Recover after a Parking Lot Injury?

In the past, plaintiffs have been able to recover economic and non-economic damages for such cases.

Economic damages include the financial losses and expenses incurred due to the accident. Examples of non-economic damages in parking lot accidents include the following:

• Medical expenses
• Lost wages
• Lost earning potential
• Cost of hiring a caregiver
• Funeral expenses

On the other hand, non-economic damages involve non-financial losses incurred due to the parking lot injury. Some common examples include:

• Pain and suffering
• Loss of enjoyment of life
• Permanent disfigurement
• Mental distress

Does Surgery Increase the Value of My Parking Lot Injury Claim?

In most cases, the more severe your injuries, the higher the compensation you may be entitled to. That said, the specifics of the case will determine whether or not you will recover compensation for your injuries and the exact amount. For example, as discussed earlier, the type of negligence laws in your state will influence the claim or lawsuit.

What Is the Statute of Limitations for Filing a Parking Lot Injury Lawsuit?

The statute of limitations for filing a parking lot injury lawsuit varies from state to state. Keep in mind that these injuries fall under premises liability laws.

For example, in Texas, you have two years from the accident date to file a lawsuit against the at-fault party. On the other hand, Washington has a three-year statute of limitations for the same accident. For this reason, it is always advisable to contact an attorney as soon as possible.

If you fail to take legal action before the statute of limitations expires, you will lose the right to do so thereafter.

Can I Negotiate With the Other Party Without an Attorney?

You may be able to negotiate a settlement with the other party without an attorney. In fact, most defendants would rather deal with you when you do not have an attorney. This is because having an attorney significantly increases your chances of obtaining favorable results.

While you may be able to settle the case without a lawyer, the settlement might not truly reflect what you are entitled to as compensation for your injuries.

It is worth mentioning that insurance companies will always fight for their best interests, not yours. That is why they hire claims adjusters to help manage risks.

On the other hand, a parking lot injury lawyer will always have your best interests at heart. This is especially true if you have a contingent fee agreement with the attorney, meaning they do not get paid unless they win. Since they only recover their fees and other legal costs if they win, you can rest assured that they will fight for you aggressively, ensuring you receive the compensation you are eligible for.

Should I Provide a Recorded Statement After a Parking Lot Injury?

Providing a recorded statement after a parking lot injury is never advisable. This is because whatever you say may be used against you to jeopardize your claim. Always keep this rule in mind, even if the other party sounds friendly during the initial conversation. That is one of the tactics they use to make plaintiffs feel more comfortable before recording their statements. If the other party insists on obtaining your recorded statement, ask them to speak with your attorney. 

Can I Still Get Treatment While My Case Is Still Pending?

Yes, you may be able to receive treatment for your injuries while your case is still pending. Most seasoned attorneys usually have professional doctors in their network who may be willing to treat the injured and recover the medical costs after the case is settled. In that case, the attorney will sign an agreement with the doctor, known as a medical lien.