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What to do after a car accident in a parking lot
What to do after a car accident in a parking lot
There’s a lot that can go wrong in a parking lot.
In your typical parking lot, cars, pedestrians, and shopping carts are everywhere, and moving in every direction. Drivers may be distracted by a variety of factors, including stressful errands, noisy children, or even their own cell phones.
To make matters worse, not all parking lots are well-designed or laid out. Some parking lots have poorly drawn lanes, and others have narrow parking spaces that practically beg for two cars to bump into each other.
As a result of all this, parking lot accidents can take many forms.
Unfortunately, a lot of drivers don’t think all that much about parking lot accidents. When we think of car accidents, we tend to visualize two cars crashing at high speeds at an intersection or on the open highway, not two cars bumping into each other in a parking lot.
This is a crucial oversight, because in reality parking lot accidents are extremely common. In fact, it is estimated that around 20% of all accidents occur in parking lots. Since many such accidents go unreported, the true number may be much higher.
It is, at least in part, a result of the false sense of security felt by drivers in parking lots, that such accidents do occur so often.
Admittedly, most parking lot accidents happen at low speeds and such accidents are less likely to lead to serious injury. However, this is not always the case.
Accidents in parking lots can and do lead to death and serious injury. Some drivers in a parking lot may be speeding, and even if the crash was at low speeds, this does not mean that it cannot be dangerous; the correlation of speed to severity of an accident is never perfectly 1:1.
Parking lot accidents also become a lot worse when pedestrians are involved, which, given the nature of parking lots, is common. And even if no one is seriously injured, it is likely that there has been some property damage and a good chance your car has been totaled.
The lack of public awareness of parking lot accidents is a serious problem, and that is why we’re writing this guide. For the most part, parking lot accidents are not radically different from other types of car accidents, but there are a few important points of difference, and all drivers should be aware of these points.
PARKING LOTS ARE PRIVATE PROPERTY
The first thing that you should know about parking lot accidents is that, from a legal standpoint, parking lots are private property.
This shouldn’t come as much of a surprise, although it does seem counter-intuitive to many, considering that most types of parking lots are so open to the public.
This doesn’t make as much of a difference as you might think. In a parking lot, you still have a legal duty to drive safely. If you fail to do this and cause an accident, you will be found at fault. Fault will be determined according to the same general rules as it would in any other car accident.
Hit-and-run laws still apply in parking lots, and you should take all of the same steps after an accident in a parking lot which you would after an accident on a public highway, including exchanging insurance information with the other driver, tending to injured people, and reporting the accident to police and insurance.
In all of these ways, parking lot accidents are just like any other type of accident… but there are a few differences that result from the status of parking lots as private property.
For one thing, the police do not usually respond to accidents which occur on private property. This can make it harder for you later, when you have to file your insurance claim, because police reports are an important factor in an accident case.
You should try to get the police to come and make a report. Of course, they might flat-out refuse. In this situation, evidence-gathering on your part becomes more important than ever.
You should gather as much evidence as possible, including photographs and witness info. You should also write down some notes about the accident and how it happened while it is still fresh in your mind, and go and see a doctor the same day to get an assessment of any injuries you may have.
Of course, evidence gathering is a necessary step to take after just about any type of accident. But in parking lot accidents where the police do not come, this becomes absolutely crucial!
Parking lot accidents are different in another way as well: the property owner (i.e. the owner of the parking lot) is more likely to get involved.
The owner of the parking lot will vary, but it is typically either a business that is adjacent to the parking lot, or else a separate parking business (especially in the case of multi-story parking structures).
Parking lot owners have a legal duty to design and maintain a parking lot so that it is reasonably safe. This falls under the umbrella of premises liability law.
A reasonably safe parking lot must have clearly demarcated lane markers and directions of traffic, crosswalks present for pedestrians, stop signs and other traffic controls when necessary, sufficient lighting for drivers to see at night, and no other obstacles to visibility.
If poor safety conditions in a parking lot caused or contributed to your accident, then you may be eligible to sue the parking lot owner.
A lawsuit against a parking lot owner may be filed in place of a lawsuit against the other driver involved (the most common defendant in a car accident), or in addition to one, depending on whether fault was shared or was entirely due to the parking lot owner.
In this sense, lawsuits against parking lot owners are roughly analogous to defective roadway design or maintenance lawsuits, which may be filed against relevant government agencies after an accident occurs on public roadways.
However, lawsuits against parking lot owners are more common than lawsuits against the government, because it is generally easier to sue a private company than to sue the government. Lawsuits against private entities do not face the roadblocks associated with “sovereign immunity” that lawsuits against government entities do.
Not all parking lot accidents are the fault of the parking lot owner. However, some are, and if conditions in a parking lot were clearly unsafe at the time of the accident, then this may be an option for you to explore.
DETERMINING FAULT IN A PARKING LOT ACCIDENT
Fault in a parking lot accident is often, although not always, more complex to determine than fault in ordinary street and highway accidents.
This is because, due to the complex nature of parking lot accidents, both parties in a parking lot accident likely share some fault. This isn’t always true, and sometimes one party is entirely at fault. However, the complexity of fault in such an accident will have a bearing on the final verdict of settlement.
For instance, verdicts and settlements parking lot accidents where both parties shared fault will be reduced by the rules of comparative negligence, which decreases your damages proportionate to the degree to which you were at fault.
Other than this, we can’t speak to your specific situation without knowing the details. However, if you got in a parking lot crash, there are a few rules of thumb which may be vital in determining fault:
If one car rear ends another car, then the car in the rear will generally be at fault. This is a principle of car accident law which applies anywhere on the road, and not just in parking lots.
If one car hits another while making a left turn into a parking space, then the car which made a left turn will be at fault. This, too, is a universal principle of car accident law.
If a car backing out of a parking space hits a car driving straight in a lane, then the driver backing out of the parking space will be at fault. Drivers heading straight in a lane have right of way over cars backing out.
(Of course, some drivers will back out anyways and make other drivers wait for them. If it doesn’t lead to an accident there’s no harm in it, but if it does, then the driver backing out will be at fault. When in doubt, don’t back out!)
If two cars backing out of opposing parking spaces hit each other, then both will generally be at fault. Each one has the responsibility to look out for other cars and not back out unless it is safe to do so.
If two cars hit each other while trying to take the same parking space, fault may be shared, but the driver who had a better “claim” to the parking space may be able to get a better outcome. The driver who was turning right into the parking space has priority over the driver who was turning left, and if one was already mostly in the parking space, their claim will have precedence.
If a driver coming out of a smaller parking lane hits a driver in a larger lane, the driver in the smaller lane will likely be at fault. There are two kinds of lanes in parking lots: thoroughfares (which are larger and lead out to the street) and feeder lanes (which are smaller and lead to other thoroughfare lanes). Drivers in thoroughfare lanes have right-of-way over drivers in feeder lanes.
If a driver violates a stop or yield sign, they will likely be found at fault. Traffic signs apply in parking lots as much as anywhere.
Of course, none of these rules are hard and fast, and there are a lot of mitigating factors that can have an impact on the determination of fault. For instance, if a car was speeding, then the driver may be found partly or wholly at fault, even if they had right of way.
PEDESTRIAN ACCIDENTS IN PARKING LOTS
Pedestrians face unique risks in a parking lot. While most parking lot accidents are relatively minor, those involving pedestrians are an exception, due to the massive size differential between a human being and a car.
Even at a low speed, an impact between a pedestrian and a car can be fatal or result in catastrophic injury.
Most accidents in parking lots involving pedestrians are the fault of the driver. If you are a driver, you are obligated by both law and common decency to drive carefully, especially when backing out, and keep an eye out for pedestrians. Children can be particularly difficult to spot.
Pedestrians can sometimes be at fault in an accident, and cell phone use is frequently a factor in such accidents. So when you are walking through a parking lot, stay alert!
WHAT TO DO IF YOU ARE IN A PARKING LOT ACCIDENT
As we mentioned above, if you find yourself in a parking lot accident, you should take all of the same steps which you would take in any other accident, as well as gathering evidence and notifying the property owner of the accident.
However, parking lot accidents are a particularly difficult type of accident, and there are many factors involved. It is likely that the insurance companies will try to say that you were partly at fault. With these players, you will feel like you are in over your head, and you will not be wrong!
In such a situation, you will need a lawyer more than ever. A good personal injury attorney can do a lot to ensure that the degree to which you are found at fault is minimized.
The period between Memorial Day and Labor Day is historically the most dangerous time of year for teen drivers. Some research shows up to 30% of all teen driving fatalities occur during the summer months. Teen drivers lack experience, and the summer months provide multiple reasons for increased risk. Not only is there more daylight and warmer weather, but most teens are out of school and have more free time to be behind the wheel. Here are five safety tips for your teen driver to practice, not just in the summer months but all year long. 1. Avoid Distraction . Research shows as high as 60% of all teen vehicle crashes involve driver distraction. One common misconception is that cell phones are the number one cause of distraction for teen drivers but that is actually not the case. Other passengers create more distractions for teen drivers than any other source. 2. Buckle Up . It is discussed so often that it may seem trite but seatbelt use is proven to reduce fatality rates in motor vehicle accidents. but data shows buckling up can reduce the risk of fatal injury by as much as 45%. 3. Impaired Driving . As high as 15% of all teen driving fatalities involve a blood alcohol content of more than twice the legal limit. 4. Limit Passengers. Most states, including Alabama, have graduated license laws restricting the number of passengers in vehicles operated by teen drivers. Literally all available data associates fewer passengers with lower fatality rates in motor vehicle accidents involving teen drivers. 5. Reduce Nighttime Driving. The fatal crash rate of 16-19-year-olds is nearly 400 times higher at night than during the day.
Identity theft affects millions of people each year and can cause serious harm. Protect yourself by securing your personal information, understanding the threat of identity theft, and exercising caution. Here are 10 things you can start doing now to protect yourself and your loved ones from identity theft: Protect your Social Security number by keeping your Social Security card in a safe place at home. Don’t carry it with you or provide your number unnecessarily. Be careful when you speak with unknown callers. Scammers may mislead you by using legitimate phone numbers or the real names of officials. If they threaten you or make you feel uneasy, hang up. Create strong, unique passwords so others can’t easily access your accounts. Use different passwords for different accounts so if a hacker compromises one account, they can’t access other accounts. Check out the Federal Trade Commission’s password checklist for tips. Never give your personal or financial information in response to an unsolicited call or message, and never post it on social media. Shred paper documents that contain personal information, like your name, birth date, and Social Security number. Protect your mobile device from unauthorized access by securing it with a PIN, adding a fingerprinting feature, or using facial recognition. You can also add a password and adjust the time before your screen automatically locks. Regularly check your financial accounts for suspicious transactions. You can also request and check a free credit report from each of the three credit bureaus every year: TransUnion , Equifax , and Experian . Avoid internet threats by installing and maintaining strong anti-virus software on all your devices—including your mobile device and personal computer. Use a virtual private network (VPN) to stay safe on public Wi-Fi. Do not perform certain activities that involve sensitive data, like online shopping and banking, on public Wi-Fi networks. Protect yourself on social media by customizing your security settings and deleting accounts you no longer use. Also, double-check suspicious messages from your contacts, as hackers may create fake accounts of people you know. Never click on any link sent via unsolicited email or text message—type in the web address yourself. Only provide information on secure websites.
Every accident case is different. Some settle more quickly than others. However, it is not uncommon, for a personal injury case to take a year or more to resolve after the case has been filed in court. Evaluating the Injury Prior to filing a lawsuit, it takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until your condition has stabilized. In serious injury cases, it may even take a year after the accident before your doctor can say whether or not your injuries are permanent. It is extremely important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you have been harmed. Once you accept a settlement offer, that decision is final. You cannot go back and ask for more money if you later find out your injuries are more serious. An experienced personal injury attorney knows how to keep your case moving through the legal system. Your personal injury case may move through these stages: 1. Written Discovery The written discovery period can last over six months. You will be asked to answer written questions (interrogatories) under oath. You will also be asked to produce documents or authorize others to produce documents such as accident reports and medical records. 2. Depositions During a deposition, you will be asked questions under oath. A court reporter types a record of everything that is said. Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident. 3. Mediation and Settlement The Court almost always requires a settlement conference or mediation before personal injury cases can go to trial. At mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. 4. Trial If your case does not settle and goes to trial, a jury decides what your injury is worth. It can take eighteen months or longer to get the trial scheduled. Once the trial is over, there may be further appeals and motions. It's possible for the parties to settle the case during trial or even after trial in order to end an appeal. Your best strategy is to contact an attorney with experience in handling personal injury cases. Your attorney can give you an estimate about the length of time it takes to resolve your type of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that your case is making its way through the legal process. It's understandable that you may be frustrated at the speed your case seems to be moving. However, you should never rush to take the first settlement offer made by an insurance company. The first offer is rarely your best settlement offer. .
Distracted driving has been on the increase for the last several years and continues to be one of the leading causes of vehicle accidents throughout the United States. If you are texting and driving down the highway at 55 mph, that’s like traveling the length of a football field with your eyes closed. You can only drive safely when your full attention is on the road. Any activity that isn’t related to driving is a potential distraction and increases your risk of a collision. While most research points to a mobile phone as the number one culprit, it is far from the only activity potentially stealing a driver's attention. Eating or drinking, grooming, radios, other passengers - especially children, and even pets can also be significant factors. Distracted driving accidents are preventable 99% of the time. Driving can become mundane at times, but we all must remember when driving we have an obligation to the safety of not only ourselves but those who ride with us and other drivers we share the road with. Some studies show listening to podcasts or certain types of music can enhance our concentration. It’s important to practice safe habits behind the wheel. You want to make sure that your passengers know how serious you are about driving without distractions. One of the most effective ways to lead is through example. Be a good example for your friends and family by avoiding driving while you’re distracted.
We see this question all the time. The injured party doesn’t want to use their own health insurance to pay for an injury. They believe it is the responsibility of the person at fault to pay for their medical bills. That may feel like the right position for an accident victim to take but the truth is, most of the time the injured party will end up with a larger settlement if they do, in fact, use their own medical benefits. Here's why; Health insurance companies have a negotiated price for medical services that is about 15 percent less than what people have to pay who don’t have health insurance. If your medical bills are $50,000.00 but Blue Cross Blue Shield pays $15,000.00 and the person who caused the wreck has $50,000.00 in liability coverage, that leaves $35,000.00 available for the injured party versus $0.00. Generally speaking, Blue Cross Blue Shield will reduce the $15,000.00 to $10,000.00 leaving $40,000.00 available. The point is that there’s more money available when you take advantage of your healthcare negotiated rates whether it’s United Health Care, Medicare, Medicaid, or Blue Cross Blue Shield. More money is better. Using your health insurance to pay your medical bills if you are injured, will almost always end up maximizing your settlement.
Once you reach the age of 65 you have many more options than before. As you know if you go on Medicare and you are under the age of 65 your options for health plans are limited. When you turn 65 you will have another open enrollment period to sign up for any plan you wish to get. In other words, just because you are already on Medicare does not prohibit you from having all the options a person not on Medicare and turning 65 would have.
This is one of the questions we get asked the most. In most cases, the answer to this is “no”. When you turn 65, if you are still working and on your employer’s health insurance plan you probably will not need Medicare Part B. I say probably because most employer plans do not file on Medicare if you have a claim. Because you have to pay a premium for Part B, Medicare does not require a person to sign up for Part B as long as you are on your employer’s plan. Also, because the rules can differ for companies with less than 20 employees, the safest thing to do is check with the benefits coordinator at your place of employment for guidance or call us at our office.
Social Security: 3 main reasons why the Government can deny Disability Benefits
For many working Americans, when the unexpected happens and they can no longer work due to a serious medical condition, Social Security Disability Insurance (SSDI) benefits can be a financial lifeline. Most American workers contribute to Social Security through federal payroll taxes. Social Security is designed for income during retirement years however if an individual’s working years are cut short by a severe, long-term illness or injury, they may need income before reaching retirement age. For many who find themselves in these circumstances SSDI provides monthly financial assistance. Seven facts every American should know about the SSDI program 1. SSDI is coverage that workers earn. If an individual has paid enough Social Security taxes through their lifetime earnings, SSDI is intended to provide support by replacing some of their income when they become disabled and unable to work. 2. The Social Security Administration (SSA) has a strict definition of disability. The SSA considers a person disabled if they can’t work due to a serious medical condition that is expected to last at least one year or result in death. SSDI is intended as a long-term solution and is not intended to offer temporary or partial disability benefits. 3. Disability can happen to anyone at any age. Serious medical conditions, such as cancer and mental illness, can affect the young and elderly alike. Studies prove one in four 20-year-olds will become disabled before retirement age. As a result, they may need to rely on Social Security disability (SSDI) benefits for income support. 4. SSDI payments help disabled workers to meet their basic needs. SSDI is not and was never intended to be a full wage replacement. The average monthly Social Security disability benefit is $1,280, as of April 2021, which is intended to allow an individual who has become disabled to meet their basic needs. 5. Social Security works aggressively to detect and prevent fraud. Every American worker who pays federal taxes invests in SSA. The agency is committed to protecting their investment by taking a zero-tolerance approach to fraud. The agency claims a fraud incidence rate that is a fraction of one percent. 6. SSA helps people return to work without losing benefits. Often, people would like to re-enter the workforce. However, many worry they will lose disability benefits if they try working again. They may also fear losing benefits if they are unsuccessful in returning to work. The agency has many programs designed to connect an individual to free employment support services while helping them maintain benefits, such as health care. 7. Millions of disabled Americans depend on SSDI benefits. Nearly 10 million disabled workers and their spouses and children receive benefits through SSA.
A circuit judge in Sarasota ruled Monday that the verdict in a legal malpractice case against the Morgan & Morgan law firm should stand. The judge also denied Morgan & Morgan’s motion for a new trial and another motion to reduce the $5 million award determined by the jury. Attorney Donald St. Denis of St. Denis & Davey in Jacksonville, who represented the plaintiffs in the malpractice lawsuit, said Friday he has a hearing scheduled Tuesday in Sarasota on a motion to award his firm $1.6 million in attorney’s fees and costs. “We’ve been working on this for two years. I’ve got a ton of time in this case,” he said Friday. St. Denis made offers on behalf of his clients in August 2016 and again in January 2017 for $2.5 million and $4 million, respectively, to settle the malpractice suit before going to trial, but Morgan & Morgan’s counteroffer was only $1,000, he said. Morgan & Morgan intends to appeal the jury’s verdict. John Morgan “This case is a long way from over,” John Morgan said Friday in an email response. “We defended this case because we think we are right. And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.” St. Denis represented Shawna and Rock Pollack in the malpractice action related to Morgan & Morgan’s handling of a personal injury case the couple filed after their child was permanently injured during birth. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and the hospital where their child was born. The case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience slowed fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was performed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was focused on collecting a large fee for the child’s brain injury claim to the point that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida Birth-Related Neurological Injury Compensation Association, and after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks. The jury found that the OB-GYN practice, the nurse midwife and Sarasota Memorial Hospital were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found by the jury to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred. original article https://www.jaxdailyrecord.com/article/court-upholds-dollar5-million-malpractice-verdict-against-morgan-and-morgan