Motor Vehicle Collision Lawyers Representing New York City Residents
Many people drive recklessly in parking lots. They assume that since traffic is typically lighter and everyone is going more slowly, it is not a big deal to drive with a reduced sense of care. In addition, there may not be substantial signage in a parking lot, making it more likely that a driver will drive in the wrong direction or fail to follow traffic rules that they would understand that they needed to follow on the road. At Newman, Anzalone & Newman, LLP, our New York City car accident lawyers may be able to help you recover damages if you are injured in a parking lot car accident.
Pursuing Compensation for Injuries in a Parking Lot
Parking lot car accidents are usually less catastrophic than accidents that occur on the highway, due to the accident occurring at lower speeds. However, if a pedestrian or motorcyclist is hit, the injuries may be catastrophic or fatal even though the accident occurred in a parking lot and even though the speed was not the same as it would have been on a highway. Parking lot car accidents often include rear-end crashes, head-on crashes, T-bone accidents, accidents that arise from swinging too wide to get into the parking spot, a driver’s failure to stay in their lane or to drive in the correct direction, road rage, and hit and runs.
A driver can be held liable for his negligence just as he could on a highway, even if an accident occurs in a private parking lot. However, your options for recovery are limited under the no fault law. The no fault law requires you to have no fault insurance coverage, against which you can file a claim for medical and other economic losses related to your injuries arising out of a car accident. You can only sue the other driver for a full range of damages, including noneconomic losses such as pain and suffering, if your injuries are severe and permanent. Severe and permanent injuries could include substantial disfigurement, full disability for at least 90 days, substantial limits on a system or function of your body, or the permanent impairment of a body organ or limb, among other examples.
If you meet the threshold requirement that you sustained a serious injury, you can bring a personal injury lawsuit in which your lawyer will need to show that the driver owed a duty of reasonable care, they breached the duty to use reasonable care, and this led to your damages. A breach of the duty to use reasonable care in a parking lot could include speeding, ignoring signage and arrows, tailgating, aggressive driving, trying to pass, not checking a blind spot, or failing to use reasonable care when backing out.
Many at-fault drivers defend against personal injury lawsuits by arguing comparative negligence. When this doctrine is raised, the jury will evaluate the behavior of both the driver whom you allege to be at fault and you. Any damages awarded by the jury are reduced by an amount equal to your percentage of responsibility. For example, if the award is for $100,000, but you are 50% at fault for not using reasonable care while backing out, you would be able to recover $50,000.
Sometimes, the fault lies with a third party, such as the private parking lot owner. Property owners are required to take reasonable steps to make their property safe for visitors, whether they are in cars or on foot. You can bring a premises liability lawsuit against a property owner that fails to keep a parking lot safe if you can prove by a preponderance of the evidence that the property owner created the dangerous condition that caused your injuries, or the property owner knew or should have known about the dangerous condition, but it neither made repairs nor provided warnings.
Discuss Your Claim with a Car Crash Attorney in New York City
If you were injured in a parking lot car accident in New York City, you may face substantial medical bills and other losses. You should secure representation by an experienced personal injury attorney who will explore every option for recovery. Newman, Anzalone & Newman, LLP provides effective legal representation following car accidents. We represent people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-866-3796 or complete our online form.
