Long Island Parking Lot Accident Attorney

There are many misconceptions about parking lot accidents. However, victims have the same rights after a parking lot crash as one that occurs on a public road. If you suffer injuries in a parking area crash, you can still file an insurance claim or lawsuit to recover damages. Local law enforcement should also respond to file a report and ensure you get the medical care necessary.

If you were hurt in a parking lot collision, have questions about your next steps, or want help from someone with experience in filing these claims, contact a car accident lawyer as soon as possible.
Most personal injury law firms provide free case reviews and handle these cases based on contingency. Therefore, you should not need to pay anything upfront to get a Long Island parking lot accidents attorney to go to work on your case today.

Parking Lot Accidents Do Not Always Result From Minor Fender Benders

Among the misconceptions about parking lot collisions include that the police will not come because it’s just a fender bender. But, unfortunately, not all incidents in parking lots prove minor. Pedestrians, other drivers, and vehicle occupants all regularly suffer injuries in these crashes.

When a traffic collision causes injuries, police departments respond. This could include other first responders, as well. Paramedics and firefighters often arrive at the scene, too. They treat this like any other crash. They assess the injuries, free trapped passengers, file an incident report, and tow the cars away when needed.

Causes of Parking Lots Accidents

Parking lot crashes can happen much more commonly than people realize. Many factors can increase the risk of a crash in a parking lot. This includes:

• Few, if any, traffic signs or signals beyond a few arrows painted on the asphalt
• Cars moving in and out of close quarters throughout the day, including many moving in reverse
• Pedestrians, including children, constantly moving behind vehicles
• Other distractions, such as loose shopping carts

Parking lot crashes can occur:

• When two cars back out at the same time
• When a vehicle backs out without looking
• After failing to yield the right of way at an intersection, traffic lane, or when pulling into a parking spot
• When a vehicle strikes a pedestrian or cyclist
• When a driver hits a parked car
• When a driver hits a stationary object such as a light pole

Any of these collisions can result in injuries. Life-altering, catastrophic injuries occur in parking lots. You should get a police report and medical care if you suffer injuries in a parking lot crash. Your injuries could prove as serious as any other collision, so you must treat them that way.

Injuries Possible in a Parking Lot Accident

Some parking lot injuries do not cause injuries or only cause minor injuries. However, circumstances sometimes make these crashes much more severe. Victims can suffer catastrophic injuries that call for weeks of inpatient treatment and rehabilitation and lead to months out of work. Some never return to their previous job.

Catastrophic injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Significant burns and scarring
• Traumatic amputation
• Serious internal injuries and bleeding
• Multiple fractures

Of course, less severe injuries occur more frequently. However, they can still prove serious and lead to significant medical bills, missed income, and other losses.

This includes:

• Concussions and other head injuries
• Neck and back injuries
• Fractures
• Joint injuries
• Lacerations, which could require stitches
• Organ damage
• Contusions and abrasions

Some injuries in these cases do not require extensive medical care. However, they still warrant a visit to an urgent care clinic, walk-in doctor’s office, or emergency department to ensure you have nothing more serious. In addition, victims can still recover compensation for this visit and other expenses through a no-fault auto policy or an auto liability insurance claim against the at-fault driver.

What Does Justice Look Like in a Parking Lot Collision Case?

Victims of traffic collisions generally get justice by holding the at-fault driver legally responsible and recovering compensation for their injuries, expenses, and losses. Several options exist to do this, and the path you take could determine your recoverable expenses and losses. Victims can file a fault-based claim or lawsuit to recover money for their injury-related expenses and losses.

This differs from case to case but could include:

• Medical treatment and related expenses
• Future treatment or ongoing care expenses
• Lost income if they missed time at work
• Diminished earning capacity if they cannot return to their job
• Related expenses with receipts, such as travel expenses to specialists
• Pain and suffering

Determining a fair settlement range for a parking lot accident claim can prove key to recovering fair compensation. Victims must understand what a fair offer will look like before they can agree to a settlement. This will ensure they do not have to pay for some of their medical care or other expenses out of pocket. After all, you have only one chance to get a fair settlement.

Calculating your medical care expenses and missed income to date is more straightforward, but putting a price on future treatment and care is. Estimating a monetary value for pain and suffering can also prove challenging unless you have familiarity with these cases and the car insurance industry.

Working with a car crash attorney offers a good option to ensure you understand the potential value of your case. In addition, a lawyer can handle valuing your expenses and losses, allowing you to know when the insurance company makes a fair offer.

Options for Recovering Damages After a Parking Lot Accident

Most victims hurt in a parking lot collision have options for pursuing fair and just compensation. The options available to you can differ based on state law and the circumstances of the collision. Options could include:

No-Fault Insurance (in Certain States)

Some states require all drivers to carry no-fault insurance. This policy provides for basic expenses and losses after an injury crash. This could include medical care, a portion of lost income, and other daily expenses up to the policy limits.

While this makes the claims process easier for minor injuries, it does not cover the more extensive expenses associated with moderate or severe injuries. In addition, some crash victims can file a fault-based claim in a no-fault state if they meet certain criteria. This allows them to pursue additional damages, including pain and suffering.

Auto Liability Insurance Claims

If the other driver caused the crash, you may have the option to hold them responsible for your damages. Even in no-fault states, seriously injured victims commonly recover money after a car crash through a claim based on the at-fault driver’s auto liability insurance policy. They file a claim and demand compensation that accounts for their recoverable damages, including their pain and suffering.

The insurer conducts its investigation and determines how much they believe the victim deserves. Then, they make an offer. This generally leads to negotiations. Settlements can occur before or after filing a personal injury lawsuit. Many people never need to sue because they can agree with the insurer on a fair payout.

Personal Injury Lawsuits

As with auto liability claims, victims of a car crash generally have the right to sue the at-fault driver if they suffer serious injuries. A lawsuit allows them to take the case to trial and ask a judge or jury to award fair compensation. However, most lawsuits never make it to trial. Instead, they settle before the trial date arrives. Courts often require mediation before setting a trial date to encourage the possibility of a settlement.

When necessary, car collision lawyers take these cases to trial. They will build strong support for their allegations against the at-fault driver and present evidence to show what happened. Again, documenting negligence and liability is key. This evidence shows the jury why the victim deserves fair compensation, and the documentation of their damages shows their case’s worth.

Proving Negligence and Liability in a Parking Lot Crash

Like with other traffic collisions, most parking lot crashes occur because of one driver’s careless or reckless behavior behind the wheel. In legal terms, reckless or careless behavior that leads to a crash is called negligence. Therefore, it’s essential to prove negligence in every personal injury case. Demonstrating negligence is central to winning compensation in these cases.

You or your lawyer must show the existence of these four elements in your case to prove negligence:

• Duty of care
• Breach of that duty
• Causation
• Harm

In most crashes, the duty of care comes from the applicable traffic laws. Regarding parking lot collisions, the duty of care can prove confusing. Few traffic signals or signs direct drivers in parking lots. Showing a driver ran a stop sign can prove which driver had the right of way when backing out of a spot. Still, basic driving conventions and common sense apply in these cases.

For example, imagine a driver was pulling out from a row of parking spaces into the primary drive through the parking lot. They turned left in front of a car traveling straight on the main thoroughfare. The left-turning vehicle failed to yield and caused the crash. The victim will need to collect evidence to show what happened to hold the other driver legally responsible.

When a car crash attorney handles these cases, they conduct thorough investigations to gather the necessary evidence. They take many steps to document the elements of negligence and prove their client’s losses.

These steps can include:

• Interviewing eyewitnesses
• Obtaining copies of the police report, medical records, and other documents
• Surveying the collision scene
• Seeking video of the crash
• Working with crash reconstruction experts
• Analyzing physical evidence
• Consulting medical experts
• Gathering documentation of damages

With this evidence, they can show the insurance company or jury who caused the collision, how, and how much their client deserves in compensation.

The Role of a Car Crash Attorney in a Parking Lot Collision Case

A car crash lawyer represents the victim’s best interests and fights for fair compensation based on the facts of the case. They handle all aspects of the claim or lawsuit from start to finish. Having a lawyer managing your case allows you to focus on your treatment, rehabilitation, and physical recovery.

In addition, it ensures you have someone knowledgeable on your side when seeking the payout you deserve. You can feel confident about receiving fair compensation, and your rights remain protected when an attorney fights for you.

You can count on them to:

• Assess your legal options for free
• Go to work on your case with no up-front fees
• Answer your questions when you have them
• Provide regular updates on your case
• Protect your rights
• Manage all communication with the insurance company and others
• Investigate your case and collect evidence
• Identify the liable party or parties
• Calculate a fair value for the case
• File your claim or lawsuit
• Negotiate with the insurer
• Represent you at trial if necessary
• Fight for your best interests throughout the process

Insurance claims do not always prove easy, and the insurer rarely, if ever, readily agrees to a full settlement with a crash victim. Your attorney will take care of the entire claims process, however, so you do not have to worry about it. This protects your ability to pursue fair compensation while relieving you of fighting the insurance company on your own to recover it.

The Timeline in a Parking Lot Collision Case

All traffic collision cases have a deadline. Each state sets statutes of limitations that apply to personal injury cases. Generally, these fall between one and four years from the date of the crash. For example, New York law provides three years to sue for injuries and two years in wrongful death cases.

Other states have similar deadlines. Certain exceptions to these laws could mean you have less time. For example, suing a government agency could greatly reduce the time you have to begin a lawsuit.