You're walking back to your car after a quick trip into the store when you notice that another driver backed into your parked car. What should you do?
Parking lot accidents are more common than you might think. Busy lots are filled with distracted drivers moving in every direction. Add tight spaces and obstructed views, and a collision can happen in an instant.
If you or a loved one got injured in a parking lot crash, the experienced Rhode Island car accident lawyers at Kirshenbaum & Kirshenbaum are here to help. We'll handle every detail of your claim so you can focus on healing.
Common Causes of Parking Lot Accidents
While some parking lot crashes are just minor fender benders, others result in devastating damage and injuries. These accidents are often caused by:
- Distracted driving. Texting, talking on the phone, adjusting the GPS, or interacting with passengers takes a driver's attention away from the crowded parking lot.
- Backing out without looking. Many drivers fail to check their mirrors and blind spots carefully before backing out of a space.
- Speeding. Parking lots have low speed limits for a reason. Driving too fast gives motorists less time to react to pedestrians and other vehicles.
- Fighting for a spot. The battle over parking spaces can lead to aggressive driving and risky maneuvers.
- Poor lot maintenance. Inadequate lighting, faded paint lines, and crumbling pavement contribute to confusion and increased risk of collisions.
- Failing to follow traffic signs. Parking lots often feature one-way lanes, stop signs, and yield signs to maintain smooth traffic flow. When drivers ignore these signs, accidents happen.
Pedestrians at Risk
Parking lot accidents don't just affect people in vehicles; they also impact pedestrians and bystanders. Pedestrians walking to and from their cars are particularly vulnerable, especially if they:
- Appear suddenly between parked cars
- Have their vision obstructed by large vehicles
- Walk behind a car that's backing up
- Dart across the parking lot to get inside
- Are distracted by their phone or packages
- Assume drivers will yield the right-of-way
Drivers have a duty to watch out for pedestrians—but when they're not paying attention, the consequences can be catastrophic.
Types of Injuries in Parking Lot Accidents
While vehicles tend to move more slowly in parking lots than on highways, they can still inflict severe damage and injuries, such as:
- Head injuries and concussions
- Neck and back injuries
- Broken bones and fractures
- Cuts, bruises, and contusions
- Sprains and soft tissue damage
- Spinal cord injuries
- Internal organ damage
These injuries can occur to both vehicle occupants and pedestrians. No matter how the accident occurred, those who are hurt often face a painful recovery and mounting medical expenses. That's where a skilled legal team makes all the difference.
Who Is Responsible for a Parking Lot Accident in Rhode Island?
In most cases, the driver who hits another car or pedestrian will be liable for the resulting injuries and property damage. However, parking lot accident claims can be more complicated than typical car accident cases.
How Comparative Fault Affects Your Case
Rhode Island follows a comparative fault rule, which means your compensation can be reduced if you are found partially responsible for the accident. Insurance companies are aware of this and may attempt to shift the blame to you, even if it’s unfair.
For example, if you were hit by a car that was backing out of a space, but you were texting while walking through the parking lot, the insurance company might argue that you share fault for the collision. An experienced lawyer will fight back against these kinds of tactics and work to maximize your financial recovery.
When Parking Lot Owners May Be Liable
In some situations, the company that owns or maintains the parking lot can be held accountable for collisions. For example, if poor lighting or hazardous conditions contributed to your accident, you may have a case against the property owner.
Parking lot owners and managers have a legal duty to maintain their premises in a reasonably safe condition for customers. This includes filling potholes, clearing debris, and ensuring the lot has adequate lighting and visible lane markers. When they fail in this responsibility, innocent people can get hurt.
An experienced Rhode Island car accident lawyer will thoroughly investigate your crash to determine liability.
3 Reasons to Contact a Rhode Island Car Accident Lawyer
After a parking lot accident, it's normal to feel shaken up and unsure about your next steps. Contacting a knowledgeable car accident lawyer is the best way to protect your health and your legal rights. Here's why:
- Get answers to your questions. An attorney will listen to your story, explain your options, and offer trustworthy guidance—giving you much-needed peace of mind.
- Level the playing field with insurers. The insurance company wants to pay as little as possible for your claim. They may pressure you to accept a lowball settlement or try to get you to say something that hurts your case. A skilled lawyer will handle all communication and negotiate aggressively for the full value of your claim.
- Focus on your recovery. Dealing with insurance forms, medical records, and legal deadlines is overwhelming on top of trying to heal from your injuries. A dedicated legal team enables you to focus your energy on healing and rebuilding your life.
If you've been blindsided by a parking lot accident in Rhode Island, don't wait to get the legal advice you need and the compensation you deserve. The caring team at Kirshenbaum & Kirshenbaum is ready to put our decades of experience to work for you.
