The circumstances of a car crash determine who is at fault for a parking lot accident in Indiana. Sometimes, multiple parties share blame. Most often, one of the involved drivers is primarily at fault. Another driver, a pedestrian, or a property owner may also be responsible.
If you have questions about who should bear responsibility for your parking lot car accident, a car accident attorney can review your car wreck and discuss your legal options for seeking fair compensation. Below is some general information about how Indiana parking lot liability can be established, and how Indiana’s modified comparative fault rule might affect your car accident claim.
Table of Contents
- 1 What Should You Do After a Parking Lot Accident in Indiana?
- 2 What Are Common Parking Lot Accidents in Indiana?
- 3 What Are Common Causes of Indiana Parking Lot Accidents?
- 4 What Are Common Injuries from Parking Lot Accidents?
- 5 How Can You Determine Fault for a Parking Lot Accident?
- 6 Can the Parking Lot Owner Be At Fault?
- 7 What Compensation Can You Seek in an Indiana Parking Lot Accident Claim?
- 8 Contact an Indiana Car Accident Lawyer
What Should You Do After a Parking Lot Accident in Indiana?
What you do in the hours and days after a parking lot auto accident can shape the outcome of your personal injury claim. To protect your rights, do the following:
- Call 911 and report the accident
- Seek medical attention if any injury victims need emergency care
- Take photos and videos of the crash scene and the vehicles involved
- Collect the names and contact info of any witnesses
- Check for parking lot surveillance cameras that may have caught the incident
- Notify your auto insurance provider of the accident, but avoid providing a recorded statement without seeking legal guidance first
- Contact a car accident lawyer for a free case review right away
If you did not go to the hospital directly from the accident, it is essential to seek a medical assessment as soon as possible. Some injuries, such as concussions, can take time to show symptoms. Insurance companies may claim that delays in seeking medical care imply your injuries are not as bad as you say they are.
What Are Common Parking Lot Accidents in Indiana?
Cars, trucks, and pedestrians cross paths in parking lots, increasing the risk of accidents. Some of the most common types of parking lot collisions include:
- Backing Up Accidents: Drivers often back out of parking spots without checking their surroundings. Another vehicle or a passing pedestrian can easily get struck in these situations.
- Intersection Accidents: Parking lots contain lanes that function as through lanes. Drivers in through lanes have the right of way. If you are pulling out of a parking space, you must yield to drivers in through lanes. Unfortunately, many drivers disregard these right-of-way rules.
- Pedestrian Accidents: Shoppers walk between cars without clear pathways. Drivers who fail to watch carefully for pedestrians stepping out from behind parked vehicles put people on foot at risk of serious injuries.
- Stationary Object Accidents: Drivers misjudge distances or lose control and strike poles, curbs, signs, and other stationary objects.
What Are Common Causes of Indiana Parking Lot Accidents?
Parking lot accidents occur in many ways and often constitute valid car accident claims. Some of the most common causes of these crashes include:
- Distracted driving, due to phones, GPS use, or passengers
- Speeding in parking lots
- Poor visibility, due to obstructions, weather, or light conditions
- Failure to use turn signals
- Failing to check mirrors and blind spots
- Impaired or drowsy driving
- Poor parking lot design or maintenance
A dedicated car accident attorney can investigate your parking lot accident to identify the at-fault driver, how the collision happened, and the insurance coverage to provide compensation.
What Are Common Injuries from Parking Lot Accidents?
Parking lot accidents often occur at low speeds. But car accident victims may still sustain serious injuries. These collisions may prove life-altering, particularly when they involve a pedestrian.
Some of the most common parking lot accident injuries include:
- Whiplash and soft tissue injuries
- Back and neck injuries
- Head injuries, concussions, and TBI’s
- Broken bones
Insurance companies often pressure victims into accepting quick settlement offers before they understand the full extent of their injuries, the amount of lost wages, and the long-term effects. It is crucial to speak to an experienced Fort Wayne car accident attorney before accepting insurance company offers or signing anything presented by an insurer.
How Can You Determine Fault for a Parking Lot Accident?
Determining Indiana parking lot liability requires a thorough investigation of the accident scene and substantial evidence. You must prove that the at-fault party acted carelessly or recklessly and caused you harm. To do that, your car accident attorney will likely seek the following evidence:
- Photographs of vehicle positions
- Damage to all vehicles
- Skid marks or debris
- Witness statements
- Traffic signs and markings
- Weather and lighting conditions
- Parking lot camera video footage
- Police reports
Witness testimony can be extremely helpful in determining backing-up accident fault in Indiana. If two drivers are backing up at the same time, the second driver to begin backing up must yield to the other driver, generally speaking. Your attorney may seek out:
- Other shoppers or pedestrians
- Security personnel
- Store employees
The evidence your attorney collects helps to support your version of events and prevent insurance companies from shifting blame and reducing your payout.
Can the Parking Lot Owner Be At Fault?
Parking lot fender bender fault in Indiana does not always fall on one of the involved drivers. If the property owner or the person responsible for maintaining the parking lot failed to provide reasonably safe premises, they may be held liable. Dangerous conditions that may lead to a premises liability claim include:
- Inadequate lighting
- Potholes and surface defects
- Missing or faded traffic markings
- Broken or missing signs
- Poor layout or design
- Negligent maintenance
If the property owner knew, or should have known, about a safety hazard that caused your accident but failed to address it promptly, you can potentially hold them accountable under Indiana law.
What Compensation Can You Seek in an Indiana Parking Lot Accident Claim?
Parking lot accident compensation in Indiana can account for the physical, emotional, and financial harm you’ve suffered, including:
- Current and future medical bills
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Even if you contributed to the accident, you may still have a right to file a car accident lawsuit and seek compensation.
Under Indiana’s modified comparative fault rule, anyone less than 51 percent at fault for an accident may be entitled to recover compensation. However, any compensation awarded will be reduced by their percentage of fault. This is another reason it’s important to seek legal help promptly. An experienced personal injury lawyer understands how to protect your rights and counter attempts by insurance companies to shift the blame to you.
Contact an Indiana Car Accident Lawyer
The attorneys at Truitt Law Offices have over 40 years of experience standing up for accident victims in Indiana and holding at-fault drivers accountable for the harm they cause. Our legal team has a strong track record of obtaining favorable results for our clients. Truitt Law Offices has earned over 100 five-star reviews on Google. We take pride in our compassionate representation.
Our dedicated parking lot accident attorneys stand ready to fight for the accountability and compensation you need while you focus on recovering your health. Contact us today for your free consultation.
