How Shared Fault Could Affect a Parking Lot Accident Victim’s Claim
Parking lot accidents commonly occur when individuals either fail to yield when backing out of a space or strike a parked vehicle. Liability may be clearer in an accident which involves only one moving vehicle, but it is possible for an injured party to also contribute to his or her own injuries in some cases.
All drivers have a duty to exercise reasonable care in the operation of their motor vehicles. In some parking lot accidents, there is an issue of shared fault where both the injured party and the other party were negligent.
When recovering damages relating to the accident in a personal injury action, an injured party’s share of responsibility may affect his or her claim. In Texas, an injured party’s own negligence is not an automatic bar to compensation. A partially at-fault claimant may find that his or her awards are reduced in proportion to the share of fault, however. Additionally, if the injured party’s share of fault is greater than 50 percent, he or she may not be able to recover damages at all.
It could be important to consult a parking lot accident lawyer in Collin County regarding issues of comparative fault, as these and other issues may have a significant impact on financial recovery.