Personal Injury Recovery in Parking Lot Accidents in California
Motor vehicle accidents normally occur on public highways most often due to excessive speed or ignoring traffic signals.
The law for monetary recoveries from such highway accidents is clear: prove the fault or negligence of the vehicle driver, and state-mandated motor vehicle insurance will provide a recovery.
Our personal injury lawyers represent many seriously injured clients in recovering for them the full value of their motor vehicle accident claims.
For a motor vehicle accident to occur, one above all needs an impact. An impact requires the proximity of vehicle-to-vehicle or vehicle-to-pedestrian.
Nowhere are vehicles more closely packed with one another and pedestrians, and nowhere are drivers more distracted than in parking lots.
Insurance Institute statistics show that about one in five motor-vehicle accidents happens not on the public highway but in parking lots.
The National Safety Council reports that tens of thousands of injuries and hundreds of deaths occur annually in the U.S. in parking lots and garage structures.
Negligence in Parking Lot Accidents
While parking lot speeds are not high, distractions are everywhere. A recent National Safety Council poll showed that two-thirds of drivers will make:
- phone calls,
- set GPS,
- dial up digital music,
- check alerts,
- review social media, and
- read or draft emails using their cell phones.
All of these activities occur while they are driving in parking lots.
Nearly half will also shoot photos or video, surf the internet, and video chat from their cell phone while driving in parking lots, and groom, watch television or movies, and use a laptop or tablet again while driving in parking lots. We are a distracted nation.
Parking lot design and maintenance
The parking lots themselves, when poorly designed or maintained, can also cause or contribute to serious personal injuries.
Another National Safety Council report shows that about one-third of all injuries come from falls and that falling is a leading cause of death among the elderly.
More than three million persons visit emergency rooms every year because of falls, and 800,000 require hospitalization annually.
The same report reveals that the leading causes of fall hospitalizations are head injury and hip fracture.
Parking lot potholes, cracks, puddles, debris, water or other liquids, and snow or ice can all contribute to falls causing serious injury.
What Must You Show for Recovery in a Parking Lot Injury?
To recover for a parking lot injury takes more than merely showing the injury. Motor vehicle and parking lot owners are not guarantors of occupant and pedestrian safety. They do not ensure occupant and pedestrian health.
Instead, the law generally requires claimants to prove fault, also called negligence or carelessness, to recover money from another for injury. No fault, no recovery.
Claimants who contact liability insurers independently, without the representation of a personal injury attorney, quickly find out that insurers don't hand out money like candy.
Insurers pay full claim value only when the claimant's lawyer shows a compelling case for the insured's fault.
We all have opinions about what others should do to be reasonably careful about our safety. But proving fault is more than a matter of opinion.
Proving fault requires gathering evidence that the insured defendant violated an established standard of care.
Gathering evidence, and articulating the legal standard, is the work of a lawyer, not an unrepresented claimant.
Our personal injury law firm knows how to investigate, prepare, and pursue parking lot claims to recover full value for their clients, proving fault such as:
- cutting across parking spots;
- failing to use directional signals;
- failing to use headlights;
- disregarding stop signs and pedestrian crossings;
- distracted driving;
- failure to turn around or use mirrors when backing;
- blind spots from walls and pillars;
- inadequate parking-lot striping;
- parking-lot potholes, cracks, or debris; and
- water, oil, other liquids, snow, or ice.
Compensation from a Parking Lot Accident
The first thing to do to pursue a money recovery from injury by another in a parking lot is to consult with experienced personal injury counsel.
When a client retains a lawyer, they show the defendant's insurer that they intend to recover the full value of their claim.
Insurers do not pay full claim value to unrepresented claimants but instead discount unrepresented persons' claims heavily, knowing the unrepresented claimant lacks the knowledge, skill, and experience to prove the claim and its value.
Our personal injury lawyers have the skill and experience to quickly gather and expertly interpret:
- accident reports,
- vehicle maintenance and repair records,
- witness statements,
- medical and wage-loss records,
- vehicle-registration information,
- driving histories, and other documentation insurers require before paying claims.
Litigation of personal injury claims
In additional to evaluating all the relevant information of the parking lot injury case, we will also expertly:
- litigate parking lot and other personal injury claims,
- draft and file the court complaint,
- obtain the summons,
- draft and serve discovery requests,
- take depositions,
- draft and advocate for and against court motions,
- prepare mediation and case-evaluation presentations,
- attending court conferences and hearings or trial, and
- negotiating the settlement of the case while knowing its full value.
Personal Injury Attorney for Parking Lot Accidents
Our California personal injury lawyers will investigate, evaluate, prepare, and present your personal injury claim with no fee until you recover. No recovery, no fee.
We are a top 2.5% Super Lawyers firm that you can trust to fully prepare your case to recover its full value.
Injury Justice Law Firm are top-ranked personal injury attorneys serving people throughout Southern California, including Los Angeles County, Orange County, Ventura County, Santa Monica, Beverly Hills, Santa Barbara County, Riverside, and San Bernardino.
Our office is located at 1999 Avenue of the Stars, 11th Fl., Los Angeles, CA 90067.
Our main office is in the San Fernando Valley area of LA County next to the Van Nuys Superior Court at 14401 Sylvan St #112 Van Nuys, CA 91401.
Contact our firm for a free consultation at (818) 781-1570.