Even with everyone traveling at relatively low speeds and ostensibly on the lookout for other cars and pedestrians, collisions in parking lots still happen with surprising regularity in Illinois. Even a car moving at a comparatively low speed is enough to cause substantial structural damage to other vehicles and serious injuries to people who are struck by a careless driver.
Just like with any other type of auto collision, parking lot accidents in Elgin can make for complicated civil claims that may necessitate help from an experienced legal professional. Once retained, a qualified car crash attorney at the Law Offices of R.F. Wittmeyer, Ltd. could work tenaciously on your behalf to ensure you recover the full value of all your compensable losses.
Negligence Leading to Injuries in Parking Lots
The duty of care that every driver assumes once they start their engines applies just as much in busy parking lots as it does on crowded streets and state highways. If someone advances too quickly out of a parking lane, backs out from a parking spot without checking for pedestrians and oncoming cars, or gets distracted for a moment and crashes into a parked vehicle, they have violated this duty and could bear civil liability for any ensuing losses.
Importantly, “losses” in this context must include at least one physical injury necessitating medical care to justify a lawsuit or settlement demand. In situations involving only vehicle damage, personal car insurance coverage would determine fault and pay for repairs and other related expenses.
Unfortunately, Elgin parking lot collisions involving pedestrians often result in serious physical harm, such as:
- Lacerations and ligament tears
- Broken bones
- Internal bleeding
- Traumatic brain injury
- Spinal damage
In these situations, representation from a skilled attorney at the Law Offices of R.F. Wittmeyer, Ltd. could be crucial to recovering not only short-term losses like those covered by insurance, but also long-term harms, such as missed income and/or diminished earning capacity, physical pain, and lost enjoyment of life after a local parking lot crash.
Who Bears Fault for a Parking Lot Collision?
Much like the aforementioned duty of care, the right-of-way rules apply in parking lots as they would on other roads. People merging into driving lanes must yield to drivers already occupying that space, and all drivers must yield to pedestrians.
However, because so much goes on in the average Elgin parking lot during a busy day, it can be difficult to determine exactly what happened and who was to blame for the wreck. For example, pedestrians cutting between parking spaces may be difficult for drivers to see and could therefore contribute to an accident.
If an injured party does bear partial or even primary fault for a parking lot accident, the modified comparative fault established under 735 Illinois Compiled Statutes §5/12-1116 would limit the total compensation available to them in proportion to their percentage of liability or bar them from recovering any damages whatsoever, respectively.
Let an Elgin Attorney Help after a Parking Lot Accident
Motorists in parking lots can and do get into serious accidents from time to time, especially if they do not give appropriate space and respect to other drivers and pedestrians around them. When this kind of collision happens, your chances of obtaining civil recovery can be strengthened with the help of a knowledgeable lawyer at the Law Offices of R.F. Wittmeyer, Ltd.
Having skilled legal representation by your side can make all the difference in your ability to recover compensation after a parking lot accident in Elgin. Call today to learn more.