If you were hit by a car in a parking lot, your ability to sue for damages will largely depend on the circumstances surrounding the incident and the state laws. Generally, parking lots fall under private property, and determining liability can be complicated without legal representation. In such cases, it is important to establish negligence on the part of the driver who hit you.
At Vaughan & Vaughan, we understand the problems usually associated with parking lot accident lawsuits and know how to resolve these effectively. We have been in business for over 110 years. During this time, we have recovered over $25 million for our clients. Let us help you get the compensation you need. Call our Indianapolis car accident lawyers today for a free initial consultation.
Determining Liability After a Parking Lot Accident
Since parking lots are considered private property, the legal landscape can be complex. Establishing negligence on the part of the driver who caused the accident is essential for a successful legal claim. A lawyer from our team will help you identify the best path to receive compensation after a car accident in Indiana.
Private Property Considerations
Parking lots are often viewed as private property, introducing unique legal dynamics compared to accidents on public roads. In these cases, determining liability involves a careful examination of the driver’s actions and adherence to traffic rules within the confines of the parking facility.
While traffic laws generally apply, the enforcement and interpretation of these regulations may differ on private property. An experienced personal injury lawyer will determine if you have grounds to file a lawsuit against the at-fault party.
In some cases, the property owner can be liable in a parking lot accident if their negligence contributed to the incident. For instance, if the property owner fails to maintain the parking lot adequately, leading to hazardous conditions such as potholes or inadequate signage, they may share responsibility for the accident.
Establishing Negligence on the Part of the Driver
Proving negligence on the part of the other driver is important in determining whether you can sue after being hit by a car in a parking lot. Your lawyer will carefully examine the driver’s actions and whether they breached their duty of care.
If the driver who hit you in the parking lot was engaged in any of the following dangerous activities, they could be liable:
- Distracted driving
- Failure to yield the right of way
- Distracted driving
- Drunk driving
Our attorneys will help you prove negligence in your personal injury case. We will investigate if the other driver’s negligent or reckless actions caused the accident and the resulting damages.
Gathering Evidence for a Parking Lot Accident Lawsuit
The nature of these incidents often involves complex scenarios and varying accounts of what happened. To ensure a fair and accurate representation of the events, document and gather fresh evidence at the scene as soon as it is safe to do that.
Types of evidence that will strengthen your parking lot accident lawsuit include:
- Police report: If law enforcement responded to the accident, their official report could provide an objective account of the incident. The crash report details factors such as weather conditions, road markings, and statements from involved parties.
- Medical records: Documentation of any injuries sustained during the accident, along with medical treatment and related expenses, can strengthen the link between the incident and the resulting damages.
- Vehicle damage assessments: Obtaining professional evaluations of the damage to vehicles involved in the accident can provide additional evidence supporting the severity of the collision.
- Expert opinions: In some cases, expert testimony, such as accident reconstruction specialists, can offer insights into the dynamics of the accident, further supporting your case.
- Maintenance records: If poor maintenance of the parking lot played a role in the accident, records indicating negligence on the part of the property owner or manager can be crucial evidence.
Your attorney will use the above evidence and more to increase the value of your claim. The steps you take immediately after the accident will impact your claim. Seek legal representation immediately after the crash to protect your right to recover compensation.
Available Damages in a Car Accident Lawsuit
Being involved in a car crash can lead to long-term financial problems for the victim and their family. If you were injured due to someone else’s negligence, you should not have to pay for your medical bills and other expenses out of your pocket.
As a car accident victim, you could recover the following types of damages:
- Medical expenses
- The cost of future medical care
- Lost wages
- Loss of earning potential
- Property damage
- Pain and suffering
The legal team at Vaughan & Vaughan will calculate how much money you spent after the parking lot accident. We will also collaborate with experts to correctly estimate how much more you are likely to spend until your life returns to normal.
You Have a Limited Time to File a Personal Injury Lawsuit
The statute of limitations determines how long you have to file a lawsuit against the at-fault party. The deadline to take legal action is specific to each state. For example, in Indiana, you generally have two years to file a personal injury claim.
Failure to file a lawsuit within the specified time frame will likely lead to your case being dismissed and losing your opportunity to recover fair compensation. Call a parking lot accident attorney as soon as possible to make sure there is enough time to file the necessary documents.
Our Parking Lot Accident Lawyers Will Help You File a Lawsuit
Taking legal action after being hit by a car in a parking lot may feel overwhelming, but you don’t have to face the legal aftermath alone. Vaughan & Vaughan wants to empower injured victims throughout Indiana to fight for justice.
Our car accident lawyers will investigate the circumstances of the crash and determine if you have a valid lawsuit. Contact us today to share the details of your case.