Parking lots can seem safer for pedestrians because vehicles are generally traveling at lower speeds. But drivers are also backing out of spaces, watching for open parking spots, navigating around other vehicles, and sharing a confined space with people walking in multiple directions.
When a pedestrian is hit by a car in a parking lot in Georgia, the resulting injuries can be serious. The question of who is liable may also be more complicated than it first appears. While the driver is often the first party considered, certain parking lot accidents may involve additional parties, such as other drivers, businesses, property owners, or other responsible parties.
Is the Driver Liable for Hitting a Pedestrian in a Parking Lot?
Drivers have a responsibility to operate their vehicles safely, even when traveling at low speeds through a parking lot.
A driver may be responsible for a pedestrian accident if they failed to keep a proper lookout, backed out without checking for people behind the vehicle, drove too fast for the conditions, became distracted, or otherwise failed to use reasonable care.
Backing accidents can be particularly dangerous. A pedestrian walking behind a parked vehicle may be difficult to see, especially when larger SUVs, trucks, or vans obstruct the driver’s view. Drivers still need to check their surroundings before reversing and continue watching for pedestrians while moving.
Determining liability may require more than simply accepting the driver’s account of what happened.
Can a Property Owner Be Responsible for a Parking Lot Pedestrian Accident?
Some parking lot pedestrian accidents raise questions about the property’s condition or design.
For example, poor lighting may make it difficult for drivers to see pedestrians after dark. Damaged or missing signs, obstructed sightlines, confusing traffic patterns, or other hazardous conditions could potentially contribute to a collision.
Whether a property owner or business can be held responsible depends on the specific facts of the accident. The existence of a dangerous condition alone does not automatically establish liability. It may be necessary to determine whether the property owner knew or should have known about a hazard and whether that condition contributed to the pedestrian’s injuries.
This can make accidents at shopping centers, grocery stores, apartment complexes, and other commercial properties more complicated than a typical pedestrian claim.
What If More Than One Driver Was Involved?
Not every parking lot pedestrian accident involves a vehicle simply striking someone walking.
One vehicle may collide with another, pushing it toward a pedestrian. A driver backing out of a parking space could force another motorist to take evasive action. Multiple vehicles may also contribute to a chain of events that ultimately results in someone being struck.
When this happens, determining liability for a parking lot accident in Georgia may require an investigation into the actions of every driver involved.
Identifying all potentially responsible parties is especially important when a pedestrian suffers catastrophic injuries, and one driver’s insurance coverage may not be enough to compensate for the resulting losses.
What Evidence Can Help Prove What Happened?
Parking lot accidents often happen quickly, and the people involved may have very different versions of events.
Fortunately, many commercial parking lots have surveillance cameras. Video from a store, shopping center, apartment complex, nearby business, or security system could show how the accident occurred. Because this footage may not be preserved indefinitely, identifying potential video evidence early can be important.
Other evidence may include photographs, witness statements, police reports, vehicle damage, skid marks, medical records, and information about the parking lot itself.
In cases involving a commercial vehicle or an employee who was working at the time of the accident, additional evidence may be necessary to determine whether a company or employer may also bear responsibility.
What Compensation May Be Available After a Pedestrian Accident?
Being struck by a vehicle can result in broken bones, head injuries, spinal injuries, internal injuries, and other conditions requiring extensive treatment.
A pedestrian accident claim may seek compensation for medical expenses, lost income, pain and suffering, future treatment needs, and other damages resulting from the collision. The compensation available depends on the nature of the injuries, the evidence establishing liability, available insurance coverage, and other circumstances surrounding the accident.
If you were hit by a car in a parking lot in Georgia, determining exactly how the collision happened and who may be responsible can be an important part of protecting your claim. Van Sant Law can investigate the accident, identify potentially liable parties, and help you understand your options for seeking compensation.