Drivers on thoroughfare lanes, the primary roads running through lots, have the right of way over other drivers in Illinois parking lots. So, the vehicles entering the thoroughfare lanes from feeder roads and those reversing from parking spaces are often liable in the event of an accident. Additionally, the Illinois vehicle code prioritizes pedestrian safety in parking lots. Drivers must give way to the pedestrians, even when they are in unmarked crosswalks. The input of an experienced car accident lawyer is instrumental in determining who is to blame for parking lot accidents and ensuing injuries.
Car accident lawyers at Lloyd Miller Law have sufficient resources to investigate your accident, compile strong evidence, and hold the at-fault party financially and legally responsible. Call us today at (773) 838-8100 to set up a free, no-obligation consultation.
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Right of Way and Fault in Parking Lot Accidents
Refusal to yield the right of way and ignoring parking lot rules are the primary reasons for parking lot accidents. Knowing who has and does not have the right of way in a parking lot can help identify the liable party in the event of an accident.
In Illinois, the vehicles on thoroughfare lanes have the right of way. So, cars on feeder roads and parked vehicles must yield to drivers using thoroughfare lanes. Drivers reversing from a parking space must yield to cars on feeder roads. If two vehicles are advancing toward each other, the one on the right has the right of way. So, the driver on the left must yield to the driver on the right.
The duty of care to pedestrians takes precedence over other parking lot users. Drivers must yield to pedestrians, even if they are walking on undesignated crosswalks.
How to Determine Who Is at Fault in a Parking Lot Accident
Determining fault in parking lot collisions is relatively more straightforward than other collisions. The driver who violates right-of-way guidelines is usually the liable party. The following parties might be liable for a parking lot crash:
Either Driver in the Collision
In most incidents, one of the drivers (usually the one who violates right-of-way rules) is at fault. Motorists must always be aware of their surroundings, adhere to traffic rules, and focus on driving.
Pedestrian
Sometimes, a pedestrian can be liable for causing a parking lot accident. One example is when a pedestrian’s walking patterns, such as jaywalking, cause a driver to swerve or lose control.
Parking Lot Owner
The parking lot owner can be liable if an accident occurs because of hazardous conditions within the lot. This is especially true if the owner knew about the safety hazards and failed to take reasonable corrective measures. The owner is responsible for fixing structural design and integrity issues, such as narrow lanes, dim lighting, and poorly installed traffic signs.
What to Do After a Parking Lot Car Accident
Knowing the right steps after a parking lot accident is essential in protecting your rights and health. It also makes liability determination easier. These steps include:
- Examine the Situation and Injuries: Start by examining yourself and other car occupants for injuries immediately after the crash. You can then assess your car for hazardous conditions like gasoline or oil spills.
- Call the Police: Many car accident victims ask: When should I contact the police after a car accident? You should contact the police shortly after getting involved in a parking lot accident. Doing that allows the police to prepare a report that you can use to support your claim.
- Collect the other driver’s information, such as name, address, phone number, driver’s license details, and insurance information.
- Get contact information from eyewitnesses.
- Take photos and videos of the accident scene, focusing on skid marks and property damage.
- Seek medical attention.
- Seek legal help from a car accident lawyer.
Why You Should Consult a Lawyer for Help
Retaining a seasoned car accident lawyer immediately after the accident ensures you have a strong legal team to recover the full extent of your damages and losses. A lawyer can do the following:
Determine Liability
Illinois is an “at-fault” state. This means the liable party is responsible for compensating the victim. The state also follows a legal doctrine called modified comparative negligence. Under this doctrine, a victim’s compensation is reduced by the percentage of fault the victim contributed to the accident. The victim cannot recover compensation if he or she is more than 50% at fault for the accident.
Insurance companies often take advantage of this legal doctrine and may try to shift some liability to you to reduce your recoverable damages. They may also try to bar you from recovery by showing you were more than 50% liable. Fortunately, car accident lawyers can conduct in-depth, independent investigations into your accident and gather compelling proof that the other party is fully responsible for the parking lot accident and your injuries.
Negotiate with Insurance Companies
Rarely do car accident cases go to court. Most claims get settled through out-of-court insurance negotiations. Insurers often approach victims with low settlement offers to get them to resolve the claim as quickly as possible.
You are likelier to get a higher settlement when a lawyer represents you than when you are alone. A lawyer will consult your medical provider to understand your health situation. The lawyer will then retrieve your medical bills and reports, including the doctors’ assessment of your future health. If you need long-term care, the lawyer will ensure the insurer covers these expenses.
Representing You at Trial
A case only requires a court hearing if settlement negotiations with insurers fail. Your lawyer will represent you in court if a trial is required to resolve your case. The lawyer will draft legal documents, oversee the discovery process, and represent you during pre-trial and trial hearings. Your lawyer will advocate for your best interests no matter how long your car accident lawsuit takes.
Skilled car accident lawyers at Lloyd Miller Law are willing and prepared to help victims of parking lot car accidents recover full compensation. Contact us today to request a free case review if you or a loved one has been injured in a parking lot car accident.
