Parking lots in Staten Island are hazardous areas year-round, but they can be like minefields during the winter. If a parking lot accident spoiled your winter holiday, you might have questions about whom to hold responsible and your rights to recover damages. The answers to those questions need analysis of the circumstances that led to the car accident.
When many people are doing last-minute shopping and returns, distractions are par for the course. Shopping lists, mobile phones, and snow and ice may distract both drivers and pedestrians. If such an accident caused your injuries, it would be helpful to record as much information about the incident as possible.
Factors that may indicate liability
Two factors that can show who was at fault in a parking lot accident include which driver had the right of way and whether both vehicles were moving at the time. In most cases, the driver of the moving vehicle is at fault -- if the stationary car is legally stopped or parked. The following information may help you find answers:
- If you stop at a stop sign in the parking lot and another vehicle rear-ends your car, the other driver will likely be at fault just like if such a collision took place on any roadway.
- Diving in the traffic lane of a parking lot gives you the right of way. If another driver backs out of a parking stall and collides with your vehicle, that driver may be the responsible party.
- If you back out of a parking bay and hit another car that is also backing up, both of you might share liability because each of you should have taken due care.
- Sometimes, you and another driver might aim for the same empty parking spot. The one who has to cross over a traffic lane to reach the space must yield for the one who did not have to turn across a driving lane.
- Another scenario in which both drivers could be liable is when both vehicles were moving. However, if another driver pulls a car forward out of the parking slot while you are driving in the traffic lane, you have the right of way, and if a collision occurs, that driver may be mostly liable.
When cars strike pedestrians in parking lots, determining liability can be a lot more complicated. Whatever the circumstances that led to your accident, seeking the support and guidance of an experienced New York personal injury attorney might be the sensible way to proceed. A lawyer can explain your rights, and if you want to pursue a claim for financial relief, legal counsel can make sure to take the necessary steps within the statute of limitations.
Establishing negligence, which forms the basis of personal injury lawsuits, is a challenging process with which your attorney can help. Furthermore, legal counsel can advocate for you throughout ensuing legal proceedings in pursuit of recovery of documented losses.