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Parking lot accidents are more common than you may think. With cars moving in and out of parking spaces, pedestrians, and sometimes even shopping carts, drivers must navigate parking lots with the utmost caution. If you or someone close to you was injured in a parking lot accident, you need to reach out to an experienced Michigan injury attorney who can evaluate the merits of your case. You can trust that if we take on your case, we will vigorously pursue the compensation you deserve.
The National Highway Traffic Safety Administration estimates that one out of every five automobile accidents occurs in parking garages and parking lots. Even though most parking lot accidents occur at low speeds, these accidents can lead to serious injuries, especially when a car strikes a pedestrian. Some common causes of parking lot accidents include inattentiveness when backing out of a parking space, distracted driving, speeding in the parking lot, or underestimating the amount of space one has to pull into or back out of a parking space.
Whether you are injured in a parking lot accident or somewhere else, your legal rights remain the same. A pedestrian who is hit by a car in a Michigan parking lot can try to pursue damages through a negligence claim. Negligence occurs when a person fails to exercise reasonable care behind the wheel. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. For example, a driver using reasonable care would not excessively speed through a parking lot, understanding the risk of striking a pedestrian associated with such behavior.
When one car strikes another in a parking lot, determining liability can be tricky. A person backing out of a parking space has an obligation to be vigilant and yield to oncoming traffic. As a result, if a person hits someone while backing out, he or she will likely be considered negligent. Similarly, liability in a fender bender may seem relatively straightforward. In other types of collisions, however, such as broadside collisions in parking lots, liability can be more complicated to ascertain.
In order to win in a negligence claim, the plaintiff must establish the following elements: i) the defendant owed the plaintiff a duty to exercise reasonable care while operating his or her motor vehicle in the parking lot; ii) the defendant breached this duty owed to the plaintiff; iii) the defendant’s breach was the proximate cause of the accident and the plaintiff’s resulting harm; and iv) the plaintiff sustained actual costs or losses. The plaintiff must establish each of these elements before any compensation can be recovered.
If you or someone close to you has been injured in a parking lot accident, we can help. At Davis Law Center, our skilled Michigan auto accident attorneys understand the issues related to parking lot accidents and can zealously advocate for your rights at every step of the way. With years of experience, we know how to navigate these types of claims. To discuss your legal rights and options in more detail, call us at 248-865-7740 or contact us online.