Parking lot accidents can lead to serious injuries and extensive property damage for those involved. However, parking lot vehicle accidents regularly become confusing, particularly when working to secure compensation. At Torgenson Law, our team has extensive experience handling complex vehicle accident cases. We understand the complexities presented by parking lot accidents in Phoenix, and we can help recover full compensation on behalf of our clients. This includes coverage of medical bills, lost wages, and property damage expenses.
If you have sustained an injury or property damage caused by a parking lot collision, we urge you to take this incident seriously and act quickly. At Torgenson Law, our Phoenix car accident lawyers are ready to step in and get to work on your behalf immediately.
Parking lot accidents can occur in a wide variety of ways. However, there are some commonalities amongst the parking lot accidents that do occur in Arizona. Some of the most common situations that drivers need to be alert for in a parking lot include:
Additionally, we want to make it very clear that parking lot collisions do not only have to involve two vehicles. One of the most dangerous aspects of a parking lot is that these are areas where there is an abundance of pedestrians and even bicyclists. There are even people on scooters that regularly move through parking lots. Drivers and vehicles may not be able to see pedestrians, bicyclists, or scooter riders. Accidents involving these other types of vulnerable parking lot users are often much more severe than accidents involving two vehicles.
When most people think of parking lot accidents, they do not think of severe injuries. However, even those inside vehicles where an impact seems relatively minor can sustain injuries. It is important for any person involved in a vehicle collision to seek medical care so they can be evaluated for any possible hidden injuries. Some of the most common injuries drivers and passengers sustained in parking lot collisions include whiplash injuries, bruising or contusions, and concussions.
When a parking lot collision involves pedestrians, bicyclists, or disabled and elderly individuals on scooters, the injuries are often much more severe. These are all vulnerable parking lot users, and an impact with a vehicle that weighs thousands of pounds can cause severe or catastrophic injuries. This includes broken or dislocated bones, severe lacerations or puncture wounds, crush injuries or amputations, spinal cord trauma, significant scarring and disfigurement, and more.
Most parking lot accidents are going to involve claims related to some sort of property damage. Just like injuries, we must point out that even though an incident may not seem very severe, property damage is often much worse than people realize initially. What may seem like a minor scratch or dent on the outside of a vehicle may actually have more severe frame damage that those involved are unaware of.
Anytime a person is involved in a parking lot accident and suspects that they have sustained property damage, they need to have the vehicle evaluated by a trusted appraiser or mechanic so they can gain a full understanding of any property damage that has occurred.
There may be various parties that could be held liable for a parking lot collision. The first and most obvious possible liable party will be the driver responsible for colliding with another vehicle, pedestrian, or bicyclist. As we will discuss in this article, determining liability can be complex, but these incidents usually revolve around the negligent actions of one or more drivers.
However, drivers are not the only possible liable party in these situations. It is entirely possible that the owner or operator of the parking lot could hold some or partial liability for an incident. This can occur for a variety of reasons, including:
An attorney involved in a parking lot accident case will have to explore all avenues of liability in these situations. This will include investigating other drivers involved as well as fully examining the parking lot to determine whether or not other parties could be liable.
It could certainly be the case that more than one driver is responsible for causing a parking lot collision. However, when more than one driver is responsible for a collision, this can significantly complicate the process of securing compensation. Often, these situations delve into a “he said, she said” battle, with both sides trying to put more liability on the other driver.
The reality is that even a person partially responsible for causing a collision in a phoenix parking lot may still be able to recover compensation for their losses. Arizona operates under a “pure comparative negligence” system. This means that individuals can recover compensation even if they are up to 99% responsible for causing a crash. This is different from how other states handle these incidents, where individuals are typically barred from covering compensation if they are 50% or more responsible for a collision.
However, the total amount of compensation an individual recovers will be reduced based on their percentage of fault for the incident. For example, if Driver A is backing out of a parking space and strikes Driver B, we would typically see that the driver reversing would be at fault. However, what if Driver B was intoxicated and was going through the parking lot much faster than they should have been?
In this situation, let us suppose that Driver A sustained $10,000 worth of injuries in property damage expenses. Because of the other driver’s intoxication, it is possible that they could be partially responsible for the incident as well. Suppose a jury determines that Driver A is only 40% responsible for the incident, and Driver B is 60% responsible because they were intoxicated. In this case, driver a would be able to recover $6,000 in compensation instead of the full $10,000.
If you have been involved in the parking lot collision caused by the actions of a negligent driver, you may be able to recover various types of compensation for your losses. Thankfully, many parking lot crashes occur at lower speeds, but that is not always the case. It is entirely possible for individuals to sustain severe injuries and extensive property damage as a result of a parking lot collision in Phoenix.
Victims in these situations will be able to recover the same types of compensation available to any other person involved in a vehicle accident on a regular roadway. This includes, but is not limited to, various types of economic and non-economic compensation:
It is important to understand that a parking lot collision may not just involve a vehicle versus vehicle type of incident. Parking lots are areas where pedestrians and bicyclists are regularly struck by moving vehicles. This can lead to extensive injuries and tremendous pain and suffering for victims. Auto insurance will also apply to these cases.
Vehicle insurance applies to parking lots just like it does in vehicle accidents that occur on any other type of roadway. Even though insurance carriers may try to fight having to pay compensation in these situations, the at-fault driver’s insurance carrier will ultimately be responsible for paying compensation to other parties.
The role of a Phoenix parking lot accident attorney will be multifaceted. The reality is that these claims can become incredibly complex, and an attorney may have to use extensive resources to conduct a complete investigation into the claim. When an attorney gets involved in these cases, they will:
It is crucial for victims of parking lot accidents in Phoenix to understand that they have a limited amount of time to file a lawsuit in these cases. In Arizona, the personal injury statute of limitations is two years from the date an injury occurs. This means that parking lot crash victims have a two-year window with which to file a lawsuit against the alleged negligent driver, or they will not be able to recover the compensation they are entitled to.
Additionally, individuals involved in parking lot accidents must report the incident to their insurance carriers as soon as possible. Automobile insurance carriers in Arizona have very strict reporting deadlines, and contracts typically stipulate that crashes have to be reported within a day or two after the incident occurs. If an individual delays reporting a parking lot car accident, the insurance carrier may put up resistance when it comes to paying out compensation.
At Torgenson Law, our team understands the financial challenges that individuals face after being involved in an accident. This is particularly true for those who sustain injuries and property damage caused by the careless or negligent actions of another driver. Affording an attorney may be the last thing a person thinks they can do, but our attorneys take these cases on a contingency fee basis.
This means that our clients will not have to pay any upfront or out-of-pocket costs related to their case. We only collect legal fees after we recover the compensation that our clients are entitled to. We offer this type of fee arrangement because we believe that individuals should be able to hold negligent parties accountable for their actions, regardless of their financial means.
If you or somebody you care about has been injured in a parking lot accident in Phoenix, Arizona, you need to work with an attorney who can help you recover the compensation you are entitled to. At Torgenson Law, our team has extensive experience handling complex vehicle accident claims throughout the state of Arizona. Even though some people may write off a parking lot accident as something “not serious,” that is not the stance that we take. We will fully investigate the incident, work to determine liability, and vigorously negotiate so we can recover full compensation on your behalf. When you need a Phoenix parking lot accident lawyer, you can contact us for a free consultation of your case by clicking here to fill out our contact form or calling us at (602) 641-3007.