Tight corners, poor visibility, hazardous conditions, and driver error often collide in catastrophic ways in parking lots and garages, resulting in serious injuries to drivers and pedestrians.
In fact, the National Safety Council reports that one in every five car accidents occurs in a parking lot or garage, resulting in 500 deaths per year. Beyond car accidents, slips, trips, falls, and other parking garage accidents due to property owner negligence are often the source of premises liability lawsuits. Victims of accidents in parking lots or garages are often eligible to file a claim, but depending on the type of accident, the process may vary.
I’ll tell you more below. If you were injured in a parking lot or garage and want to know if you have a case, get in touch with a parking lot accident attorney at Buttafuoco & Associates for a free consultation.
Common Types of Parking Lot and Garage Accidents
There are two main types of parking lot and garage accidents: vehicle collisions (whether with other vehicles or pedestrians) and accidents related to unsafe conditions on the premises.
Vehicle Collisions
Although vehicles tend to move at slower speeds in parking lots and garages, collisions can still result in serious injuries. This is particularly true of pedestrian accidents: when a vehicle weighing several tons hits a pedestrian, it can result in broken bones, spinal cord injuries, traumatic brain injuries, and worse.
The unfortunate reality is that drivers commit the same violations in parking lots and garages that they do on other roads, including:
- Distracted driving, such as texting
- Failure to yield to pedestrians
- Failure to recognize speed limits
- Failure to stop at stop signs within garages
- Backing out of parking spots without checking surroundings
- Driving too fast
Drivers may engage in these behaviors because they feel that parking garage accidents are unlikely to happen, or because they believe that moving at a slow speed while using a cell phone or adjusting their music is not dangerous. The reality is that drivers must obey traffic laws regardless of where they are driving, and if they fail to do so and cause serious injuries as defined by New York law, the victim can bring a lawsuit just as in any other New York serious injury case.
After a vehicle collision, if injuries are not serious, recovering damages first happens through the victim’s personal injury protection (PIP) insurance.
However, even if insurance is the first recourse, insurance companies often provide lowball offers to injured parties or deny claims altogether, which can make it difficult if not impossible for victims to fully recover. In these cases, working with a New York parking lot accident attorney can be irreplaceable when it comes to receiving the compensation you need and deserve.
Slips, Falls, and Other Injuries Related to Unsafe Premises
Many times, the owner of the garage or parking lot is responsible for slips, falls, and other injuries because they failed to maintain safety standards. Under New York premises liability law, property owners must maintain a reasonable level of safety by conducting regular inspections, timely repairs, and posting clear warnings about any hazards that could result in injury.
Some examples of conditions that result in accidents and injuries include:
- Potholes
- Cracked or damaged pavement
- Poor lighting
- Standing snow, ice, or water
- Missing traffic signs, such as stop signs
- Poor signage directing pedestrians
- Missing warning or caution signs near unsafe areas
To file a premises liability lawsuit against a property owner, the victim must prove several things.
First, that the property owner knew about, or should have known about, a hazardous condition.
Second, that the owner did not correct the condition or post proper notification of the hazard in a timely manner. And third, that the hazard resulted in the victim’s specific injuries.
Because New York operates under comparative negligence laws, if the victim’s irresponsible behavior contributed to their injuries, any damages they are owed may be reduced by the degree that they were responsible.
What Types of Compensation Can I Recover After a Parking Lot Accident?
As with all personal injury claims, you may be eligible to recover compensation for a wide range of damages after a parking lot or garage accident. These may include:
- Medical bills for current and ongoing treatment, including physical therapy
- Lost wages
- Child care, housekeeping, or other services needed due to injuries
- Property damage
- Pain and suffering and emotional distress
- Punitive damages, if injuries were serious
If you submit a claim to your insurance company and they refuse to fairly compensate you, working with a parking lot accident lawyer serving New York may be in your best interest. Lawyers are skilled negotiators and can help push insurers to pay the damages the victim is entitled to, or take them to court if necessary.
If you are struggling to negotiate with your insurance company, a lawyer at Buttafuoco & Associates may be able to help.
What to Do After a Parking Lot Accident
If you have suffered injuries in a parking lot accident of any sort, make sure to report the incident to security, the property manager, and/or police.
If possible, gather evidence such as photographs of the area and witness statements, and be sure to visit the emergency room as soon as possible.
Again, having documentation of your injuries is essential to building a strong case. Finally, reach out to an attorney for a consultation. They can provide advice on working with insurance companies and how best to move forward.
If you have been injured in a garage or parking lot accident, the attorneys at Buttafuoco & Associates will fight for your rights against insurance companies and negligent parties and help you recover the compensation you deserve.
Get in touch today at 1-800-NOW-HURT.