Walking across a parking lot shouldn’t be a dangerous activity, but for thousands of pedestrians they never make it inside. Instead, a dangerous driver crashes into them, possibly backing up without checking their mirrors. Call Stewart Miller Simmons Trial Accident Attorneys if you were hurt as a pedestrian in a parking lot. Our Atlanta personal injury lawyer has helped many pedestrians seek financial compensation from a dangerous driver.
Parking Lot Accidents Are Common
According to the National Safety Council, about 1 in 5 car accidents happen in parking lots. That number isn’t surprising. Parking lots and garages bring together a large number of vehicles into a tight space. Collisions are bound to happen due to congestion.
Even worse, many motorists are distracted as they pull in or out of a lot. Some of them are already thinking about what they will buy or even checking their phone to tell someone they have arrived.
Pedestrians are especially vulnerable in parking lots. They have no protective barrier between them and a vehicle driven by a distracted or careless motorist. Some of the most common accidents include:
- Backing up collisions. A driver throws their vehicle into reverse and doesn’t even see a pedestrian crossing behind them until it is too late.
- Accidents involving a vehicle turning into the parking lot. Drivers who are trying to make a left-hand turn across traffic are often aggressive at darting into the lot—regardless of whether a pedestrian is crossing in the way.
- Pedestrians clipped by a motorist scooting out of the parking lot. Some motorists are in a hurry to leave, and they throw their car into traffic without any concern for a pedestrian crossing in front of them.
- Commercial drivers pulling into or out of loading bays and crashing into pedestrians. These commercial drivers are usually in a hurry or they aren’t familiar with the layout.
Are Pedestrians Covered by Car Insurance?
Georgia motorists should carry liability insurance. This insurance will kick in when a driver is negligent and at fault for the collision. Anyone injured—even pedestrians—should be able to make a claim on the policy for financial compensation.
The current minimum liability coverage for bodily injury is $25,000 in Georgia. Accident victims can use this money to pay for medical treatment and replace lost wages, if they can’t work while they heal. Pedestrians can also request compensation for pain and suffering and mental distress. Liability insurance pays for those damages, also.
Steps to Take after a Parking Lot Collision
An injured pedestrian might not even be conscious after getting struck by a motor vehicle. They might hope for a Good Samaritan to call an ambulance for them.
However, if you are conscious and not in too much pain, then we recommend you do the following:
1. Report the accident to the police. Even if it happened in a parking lot, you should still report the collision. The state collects information about accidents that injure people.
2. Ask the driver for license, registration, and insurance information. These details help with submitting a claim.
3. Take photographs of the vehicle involved. Remember to zoom in on the dent which will show where the car struck you. Also get photographs of anything else that seems relevant. For example, signage around a loading dock could be confusing, or lines on the parking lot could have faded, creating confusion about where pedestrians should walk.
4. Talk with witnesses and ask if you can have their phone number. They might provide important testimony.
5. Visit the hospital as soon as you can. Tell a doctor you were involved in a crash in a parking lot.
An attorney can also help if you hire one soon enough. For example, most businesses in Atlanta will have security cameras pointed toward the parking lot. We can visit the store and ask them to preserve any recording which shows the crash. We can then introduce this evidence into any settlement negotiations with the at-fault driver.
Pedestrian Injuries
Pedestrians can end up with some major injuries when they are slammed into by a vehicle. Even a car backing up at 5 miles per hour can crash into a pedestrian and send them sprawling.
Some of the major injuries include:
- Concussions. A pedestrian can strike their head on the ground or another car. Any blow to the body will also cause their head to snap around, leading to concussions.
- Fractures. A pedestrian is at risk of breaking bones in their legs, as well as their pelvis.
- Organ damage. The rib cage provides only minimal protection in the event of a collision. A pedestrian can end up with a collapsed lung, heart contusion, kidney injury, or perforated bowel.
- Road rash. Exposed skin can get peeled back when a person skids along the parking lot. This type of injury has a high risk of infection and disfigurement.
Is the Lot Owner Ever Liable for an Accident?
Most parking lot accidents are the fault of the driver of the car which hit you. A driver must yield the right of way to any pedestrian walking to their car or the store.
However, in some limited circumstances, a store could also be liable:
- A store employee is driving a vehicle which hits you. In this case, we can seek compensation from the employer.
- The design of the parking lot contributes to the crash. There could be missing signs or confusing directions in loading bays, which lead to a wreck.
- A pothole or other defect contributes to a crash. A smaller car might “bounce” when it hits a pothole and temporarily go out of control, smashing into a pedestrian.
Let our personal injury lawyer investigate who owns the parking lot. Believe it or not, some lots are not owned by the stores nearby. Instead, an independent company might own the lot and hire a property management company to manage it.
Speak with an Atlanta Personal Injury Lawyer
Any collision, even at low speeds, can lead to significant injuries. Find out if you have a legal right to sue. You can reach our firm by calling (404) 529-3476.