What are Common Ways Parking Lot Accidents Happen?

There are several causes of parking lot accidents that happen in McKinney. A backing up accident is when one vehicle backs into another vehicle, a person who is walking, or someone riding a bike and is a common accident in parking lots. Also, front-end collisions where someone is either trying to turn or two vehicles do not see each other and hit each other while going forward is common. The most serious accidents in parking lots almost always involve people who are walking or riding a bike. These type of parking lot accidents often cause catastrophic injuries.


Slower Speeds and Pedestrians Role in Safe Driving

Slower speed limits and other precautions play a large role in helping encourage safe driving in parking lots. Many parking lots have speed bumps or devices to reduce speed and mechanical devices that route drivers through the parking lot to prevent people from being able to reach a higher speed. Speed bumps and other safety measures slow drivers down and, as a result, people are safer. However, Texas still lags in parking lot safety. There are no uniform requirements in Texas that state a parking lot must have speed bumps or traffic directors that could prevent a car driving through a parking lot for a certain distance without having to turn.

How Do Insurance Companies Treat Parking Lot Accidents?

When there is a parking lot accident, the insurance company usually initially assumes that it is the injured person’s fault. They may try to put some, if not all the blame, on the injured person. Even when a car backs into a pedestrian walking in a parking lot, insurance companies can claim their driver was not negligent, that the driver did not see the pedestrian because the pedestrian was either too small, in a place where they were not visible, and/or wearing something that was hard or impossible to see at night. In other words, the insurance company can almost always invent an excuse for poor driving in parking lots.

Most parking lot accidents are not settled before litigation. Parking lot accidents are hard cases to settle and can be hard cases to try. When a person has injuries from a parking lot accident, it is vital that they obtain a McKinney parking lot accident lawyer and seek medical care as soon as possible. The injured individual also needs to stay consistent with their medical care to prove what their injuries are and how those injuries have affected their lives.

Comparative Negligence

Texas is a modified comparative fault state, which means the negligence is split between the various parties that are at fault. This is true in all personal injury accidents, including in parking lot accidents. Ultimately, the degree of fault of each party is determined by the jury, not by a police officer or insurance company. The jury could find both the pedestrian and the driver partially at fault. Recovery depends upon the percentage of the fault someone is responsible for.

In Texas, the jury must determine who was at fault for the accident and then must assign a percentage of fault to each person involved in the incident, adding up to 100 percent. Keeping in mind that Texas is a modified comparative negligence state, an additional limitation is put on top of that, called the 51 percent bar rule. This means that if an injured person brings a claim and are found to be more than half at fault for their own injury, they may not be able to recover any compensation.

Contact a McKinney Parking Lot Attorney Today

In order to receive compensation, it may be essential for an injured person to seek the counsel of a McKinney parking lot accident lawyer as soon as possible to preserve evidence of liability. A seasoned attorney could be knowledgeable about these types of cases and what specific evidence will be needed to prove your claim. If you have been injured in a parking lot accident, reach out to a dedicated lawyer today.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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