Driving in parking lots can present unexpected dangers. Whether crowded with drivers vying for parking spaces or nearly empty with vehicles speeding across rows of vacant spots, parking lots have traffic rules that must be followed. Many drivers may not realize that traffic laws apply in these areas, and failure to adhere to them can result in accidents.
For example, a driver waiting to merge into traffic is at fault if they pull in front of an oncoming vehicle and cause an accident. Similarly, drivers reversing out of parking spaces are responsible for checking mirrors, ensuring visibility, and yielding to prevent collisions.
If you are involved in a parking lot accident in Modesto, it is crucial to consult with a knowledgeable law firm like Valero Law Group for assistance in navigating potential claims and determining liability.
Types of Parking Lot Accidents
Several types of accidents can occur in parking lots in Modesto, often due to drivers failing to yield, speeding, or acting recklessly. Some of the most common scenarios include:
- Merging Accidents: Vehicles merging into a line of moving traffic must yield. If a collision occurs, the merging vehicle may be held liable for failing to ensure a safe entry into traffic
- Hit-and-Run: Drivers who strike a parked vehicle must make an effort to locate the vehicle’s owner or leave their contact information on the windshield. Failing to do so can lead to a hit-and-run charge, even if only property damage occurred. A hit-and-run involving property damage is considered a misdemeanor in California
- Speeding: The speed limits in parking lots usually range between five and 15 miles per hour (mph). If no speed limit is posted, drivers should not exceed 15 mph. Speeding can significantly contribute to parking lot accidents, and a driver exceeding the speed limit may be held accountable for damages caused by their negligence
- Failure to Yield: Drivers reversing from a parking space must yield to moving traffic. If two cars are backing out of their spaces simultaneously, both drivers should proceed with caution and yield as necessary to avoid a collision
If you are involved in a parking lot accident, it is advisable to file a police report within 10 days of the incident. This report can serve as valuable evidence when determining fault or seeking compensation. An attorney from our firm can provide more guidance on the steps to take after a wreck.
Determining Fault in Parking Lot Accidents
Establishing who is at fault in a parking lot accident requires the injured party to prove that the other driver’s negligence caused the accident, resulting in injury or property damage. Evidence to support a claim may include:
- Police reports
- Traffic citations issued at the scene
- Medical records documenting injuries
- Cell phone records, if distracted driving is a factor
- Camera footage from nearby security or traffic cameras
An experienced attorney in Modesto can help investigate the circumstances of the parking garage accident and determine who may be liable. Reach out to discuss the importance of establishing liability for a wreck.
Comparative Negligence
Parking lot accidents often involve multiple parties sharing fault. In California, a comparative negligence system is used to assign a percentage of fault to each party involved in the accident. The amount of compensation awarded depends on each party’s percentage of responsibility.
For example, if one car backs out of a parking space and collides with another vehicle, the driver of the first car may be primarily at fault. However, if the other driver was distracted by using a cell phone, they could also bear a percentage of fault. If the second driver is found to be 15 percent responsible for the accident, their compensation will be reduced by that percentage.
What Compensation Is Available?
Victims of parking lot accidents in the Modesto area may be entitled to compensation for various types of damages. One of the most common forms of compensation is for medical expenses, which can cover hospital bills, surgery, physical therapy, and necessary medications. Injured individuals can also recover lost wages if their injuries prevent them from working, ensuring they are compensated for any income missed during recovery.
In addition to immediate losses, victims may be eligible for future damages if their injuries impact their ability to work in the long term. This compensation can include recovery for lost earning capacity or anticipated medical expenses for ongoing treatment. In most instances, more subjective losses like pain and suffering and emotional trauma can also be factored into a damage award. Speaking with our team can give you an idea of what to expect from a potential settlement.
Talk to an Attorney After a Parking Lot Accident in Modesto
If you have been involved in a parking lot accident in Modesto, it is essential to consult with an experienced attorney who can help determine fault, gather evidence, and pursue the compensation you deserve. At Valero Law Group, we are dedicated to providing the support you need while you focus on healing. Contact us today for a free consultation.
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