Maison Law Accident and Injury Lawyers of Fremont helps pedestrians that are injured in accidents in parking lots. These types of accidents are often preventable but can leave you dealing with painful injuries and financial challenges. However, you have certain legal options that our lawyers can help you with. Contact us today for a free consultation to talk about your options.
Do You Need a Lawyer If You’re Injured in a Parking Lot
With the constant flow of cars and pedestrians in parking lots across Fremont, accidents are unfortunately common. You aren’t required to get a lawyer, but usually, your injuries are serious and there are questions about liability. At that point, having an experienced lawyer on your side can make all the difference. Our team can:
- Make sure you understand your rights and legal options
- Help you gather evidence and medical records
- Handle communications with insurance companies
- Guide you through the legal process, step by step
Parking lot accidents can be overwhelming, but our team is here to support you. You don’t want to be in a situation where you’re facing injuries and other losses on your own.
What Legal Options Do You Have as a Pedestrian Injured in a Parking Lot?
Just because you’re in a parking lot doesn’t take away your rights as a pedestrian. Cars–especially in busier parking lots–still have to yield to you as you walk to and from wherever you’re going. And although the conditions are a bit different, there’s still ample opportunity to be involved in an accident. At that point, though, you have certain legal options, the most important of which is filing an injury claim to recover damages.
Just like any other accident, you do this by:
- Filing an insurance claim
- Filing a lawsuit
Whether you choose to file an insurance claim or a lawsuit, both processes are similar but differ in how they’re resolved. Insurance claims are usually settled outside of court and tend to be quicker, but the insurance company controls the settlement offers. Lawsuits, on the other hand, are more time-consuming but offer a fairer process and the potential for higher damages, which usually involve things like your:
- Medical expenses and bills
- Lost income due to the injury
- Property damage for repairs or replacements
- Pain and suffering and emotional distress
- Loss of companionship or a reduced quality of life
It’s important to remember that in California, you have a two-year period to file an injury claim. If you miss this deadline, you lose your right to even file a claim. But there’s something that’s even more important in one of these accidents: figuring out who pays for your damages.
Who Pays For Your Damages in a Parking Lot Accident?
One of the toughest things about being injured as a pedestrian in a parking lot is figuring out who’s responsible–and thus has to pay for your damages. Just because the accident took place in a business’ parking lot doesn’t mean the owner is automatically at fault. It all comes down to who was negligent and caused the accident. So, the circumstances matter. Most of the time, though, the following parties are going to be involved when it comes to paying for your damages:
- Drivers – If a driver was reckless, distracted, or under the influence, they would likely be the main party responsible.
- Property owners – If the accident happened due to hazards on the property, such as poor lighting or damaged surfaces, the property owner could be held responsible.
- Management – If management failed to maintain safety standards or did not properly train their staff to prevent accidents, they might share the blame.
- Vehicle makers – If a malfunction or defect in the vehicle caused the accident, the manufacturer could be held liable.
- Local or state government – If the accident resulted from poorly maintained roads, missing signs, or other public infrastructure issues, government agencies could be responsible.
- Other property owners – If the parking lot is part of a shopping center or another business complex, the owner of the parking lot may be liable for the accident.
Remember, you might share fault for the accident, which means your damages could be reduced based on your level of responsibility. This doesn’t mean you can’t file a claim, but it may impact the outcome. That means you need to know the right steps to take after the accident itself.
How Can You Protect Your Claim?
It’s not all that surprising that a parking lot is a common place for pedestrian accidents. Even a less busy parking lot can have certain hazards and risks that make accidents more likely. Mostly, though, these accidents happen because a driver isn’t paying attention. Regardless of the underlying cause, you can take the following steps to protect your potential claim:
- Call 911 – First and foremost, you need to take care of your injuries. Call 911 for an ambulance or go to a hospital if you’re under your own power. You should also report the accident to local police and the people that manage the parking lot.
- Exchange information – Collect contact and insurance details from everyone involved, including drivers, parking lot staff, and witnesses. This will help verify what happened and support your claim.
- Get visual evidence – Take clear photos or videos of the accident scene, including vehicle damage, injuries, and anything that might have contributed to the accident, like poor lighting or uneven pavement. Also, check for any available security footage.
- Follow your doctor’s advice – Stick to your doctor’s treatment plan and attend all follow-up appointments. Consistent care will show you are serious about your recovery and protect your claim.
- Watch your statements – Don’t admit fault to anyone, including the other parties involved. Only discuss the accident with our team and the police. When you talk to police or insurance adjusters, don’t go into detail about what happened. Just stick to the facts.
- Track your damages – Keep records of how the accident affects your daily life, such as missed work, emotional distress, or physical limitations. This helps build a clearer picture of the damages.
- Save evidence – Hold onto all relevant documents, like medical bills, records, and receipts for any expenses related to the accident. The more documentation you have, the better damages you can get.
By taking these steps, you not only protect your health but also form the foundation of your claim. With a strong foundation and our guidance, you can rest assured that you’ll have the best chance at making a recovery.
Legal Support After a Fremont Parking Lot Accident
Accidents can happen anywhere in Fremont, including a parking lot. While you might not expect to get hurt while walking through one, it’s a reality that you have to be ready for. If you’ve been injured because someone was careless or negligent, our team of experienced pedestrian accident lawyers is here to help. At Maison Law Accident and Injury Lawyers of Fremont, we’ll make sure you have what you need for a strong claim and a fair result. Contact us today for a free consultation to get the process started.