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Parking Lot Accidents In Michigan
Last Updated: November 20, 2024
Parking lot accidents are more common than many realize. With a constant flow of vehicles, pedestrians, and sometimes stray shopping carts, parking lots can be chaotic environments where accidents happen frequently. Although these collisions typically occur at low speeds, they can still result in serious injuries, especially when pedestrians are involved. If you or someone you care about has been injured in a parking lot accident, it is essential to reach out to an experienced Michigan injury attorney who can evaluate your case and help you pursue the compensation you deserve.
The Prevalence of Parking Lot Accidents
According to the National Highway Traffic Safety Administration (NHTSA), one in five automobile accidents takes place in parking garages or parking lots. Despite the lower speeds, these accidents can still have serious consequences. Pedestrians are especially vulnerable, as they often have limited protection when struck by a vehicle. Common causes of parking lot accidents include:
- Inattentiveness while backing out of parking spaces
- Distracted driving
- Speeding within the parking lot
- Misjudging space while pulling in or backing out
- Failure to yield to pedestrians
Parking lots are filled with blind spots, and drivers may not always be as cautious as they should be. A split-second lapse in attention, especially when reversing, can lead to an unexpected collision or pedestrian accident.
Pursuing a Negligence Claim After a Parking Lot Accident
If you are injured in a parking lot accident, whether as a driver, passenger, or pedestrian, you have the right to pursue compensation through a negligence claim. In Michigan, negligence is defined as the failure to exercise reasonable care under the circumstances. In the context of parking lot accidents, this means that a driver must act with the same care a prudent person would when navigating the parking lot.
For example, a reasonable driver would avoid excessive speed in a parking lot, understand the risks of distracted driving, and be especially cautious when backing out of spaces. When a driver fails to adhere to these standards and causes an accident, they can be held liable for any resulting damages.
Establishing Liability in Parking Lot Accidents
In many parking lot accidents, liability may seem straightforward, but certain scenarios can present challenges. When a car hits a pedestrian, for instance, the driver will often be considered at fault, especially if they were backing out or driving recklessly. However, in accidents involving two vehicles, such as a broadside collision, determining liability can be more complex.
Drivers backing out of parking spaces are expected to yield to oncoming traffic, meaning that if they hit another vehicle or a pedestrian, they may be found negligent. But not all parking lot accidents are so clear-cut. In collisions where both drivers were moving, such as two vehicles reversing simultaneously or when a vehicle pulls forward into another’s path, determining who is at fault requires a closer look at the circumstances and behavior of both drivers.
Proving Negligence in Parking Lot Accidents
To win a negligence claim after a parking lot accident, the injured party (plaintiff) must establish four key elements:
- Duty of Care: The defendant (the person at fault) owed the plaintiff a duty to exercise reasonable care while driving in the parking lot.
- Breach of Duty: The defendant breached this duty by acting carelessly or recklessly (e.g., speeding, distracted driving, or failing to yield).
- Causation: The defendant’s breach of duty directly caused the accident and the resulting injuries.
- Damages: The plaintiff suffered actual harm, such as medical expenses, lost wages, pain and suffering, or other tangible losses.
Each of these elements must be proven for the plaintiff to recover compensation. This often involves gathering evidence, such as eyewitness testimony, security camera footage, accident reports, and expert opinions on the accident’s cause.
Getting Legal Help After a Parking Lot Accident
If you or a loved one has been injured in a parking lot accident, obtaining skilled legal representation is critical to ensuring that your rights are protected. At Davis Law Center, our experienced Michigan auto accident attorneys are well-versed in handling parking lot accident claims. We understand the unique issues that arise in these cases and will zealously advocate for your right to fair compensation. With years of experience, we are committed to helping you navigate the complexities of your claim. Whether your accident involved another vehicle, a pedestrian, or hazardous conditions in the parking lot, we have the knowledge and resources to fight for your interests. You can count on our team to provide you with sound legal guidance and to pursue the maximum compensation available for your injuries and losses.
Contact Davis Law Center for a Free Consultation
At Davis Law Center, we know how stressful and overwhelming it can be to deal with the aftermath of a parking lot accident. You don’t have to go through this alone. Contact us online for a free consultation to discuss your case in detail. We will help you understand your legal options and guide you through every step of the process as we work together to seek justice and compensation for your injuries.
Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, Wayne County, Oakland County, and all of Michigan.
