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Proving Parking Lot Accident Fault

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To secure compensation following a parking lot accident, you will need to prove fault. This involves furnishing evidence the other party acted negligently. This could have involved speeding, failure to yield, or not paying attention.

Our law firm can prove fault if you suffered losses in a parking lot accident. Whether you were harmed as a motorist, bicyclist, or pedestrian, we can serve you.

What damages can you recover after an Ohio parking lot accident?

There may be several forms of damages available after Ohio parking lot accidents. The value of your claim depends on a number of factors. These could include:

  • The nature and severity of your injuries
  • The level of care you require
  • How the injuries affect your everyday life

Some of the damages you can expect to recover compensation for after an Ohio auto accident include:

  • Medical bills
  • Rehabilitation and physical therapy
  • Ongoing care costs
  • Lost wages
  • Future lost income and lost benefits
  • Pain and suffering
  • Property damage costs
  • Other out-of-pocket expenses

We must prove negligence in your parking lot accident case

To recover damages following a parking lot accident, our firm must prove these elements in accordance with the American Bar Association’s (ABA) guidelines:

  • The other driver had a legal obligation to drive safely.
  • The driver failed to uphold this obligation.
  • This failure led to a collision and your injuries.
  • You suffered damages stemming from this collision.

We can prove negligence by investigating the circumstances of your collision. Some specific pieces of evidence that could support your claim include:

  • Parking lot surveillance footage
  • The police report
  • Eyewitness statements
  • Testimony from accident reconstruction specialists
  • Your medical records
  • Black box data (if available)
  • Photos of the accident scene, your vehicle’s damage, and your injuries

What causes parking lot accidents?

Whether a parking lot accident happened between two vehicles or a vehicle and a pedestrian, these situations can be costly. The success of your case rests on the strength of your evidence and ability to prove negligence.

Negligence in a parking lot accident can involve one or more of the following:

  • Reckless or distracted drivers
  • Forgetting to check blind spots
  • Not looking while backing up
  • Poor parking lot design
  • Poor parking lot maintenance
  • Poor lighting or other visibility issues

Why is it important to prove fault in a parking lot accident?

If you didn’t cause the accident, you shouldn’t be held accountable for someone else’s wrongdoing. Still, when the other party alleges that you contributed to the accident and the insurer takes their word for it, your final settlement may be reduced. So, if you’re 20 percent at fault, you could only recover 80 percent of the damages.

Ohio Revised Code (ORC) §2315.33 notes that you can’t seek compensation if you primarily caused the accident. This is why properly proving fault is so important—because otherwise, you could lose the right to seek damages altogether.

We don’t want you to worry about Ohio’s fault laws and regulations. Instead, let us handle your parking lot accident case. We can prove fault while you focus on getting better.

What do you need to know when another car hits your vehicle in a parking lot?

Parking lot accidents can happen in a number of different ways. In many cases, you are in your car during these collisions. However, there is always the chance that someone hits your vehicle while you are inside a store or other building.

According to Ohio law, all drivers involved in a crash on private property (such as a parking lot) must stop. If you are in the car, you should exchange information such as:

  • Your name
  • Your insurance policy information
  • Your car’s make, model, and license plate number

If you are not in the car, the other driver should leave this information under your windshield wiper or another obvious place. Additionally, an Ohio motorist who hits an unoccupied vehicle has 24 hours to supply this information. Per ORC §4549.021. they must provide it to:

  • The owner of the damaged vehicle
  • The local police

What do you need to know if your parking lot accident involved a pedestrian?

Even at low speeds, pedestrian accidents can lead to severe, life-altering injuries. If you were injured as a pedestrian, you could seek medical attention.

Then, if possible, you should:

  • Take photos of your injuries during your recovery period
  • Write down your account of events
  • Consider your legal options
  • Keep records of your losses
  • Follow through with your treatment plan
  • Make a note of any cameras in the parking lot or witnesses who saw what happened

You should also refrain from social media during this time. Sharing the nature of your injuries on a public forum could harm your case during insurance negotiations.

Get help with your parking lot accident case

Bressman Law offers free case evaluations. We handle cases on a contingency fee basis. This means you pay nothing up front and only pay us when we reach a settlement. Call our office today.

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Dublin Office

2727 Tuller Pkwy, Suite 100 Dublin, OH 43017

Cincinnati Office

9435 Waterstone Blvd #130, Cincinnati, OH 45249

Columbus Office

255A E Livingston Ave, Columbus, OH 43215

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