The common hidden hazards that lead to parking garage injury claims in Chicago, Illinois include reckless driving, distractions, poor signage, wet surfaces, and inadequate security measures. Liable parties can include the driver, property owner/manager, business owner/manager, or a government agency. Your claim must meet four legal elements to be eligible for compensation. These elements include duty of care, breach of duty, causation, and damages.
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Building a successful parking garage injury claim involves conducting a thorough investigation and gathering sufficient evidence to establish negligence, link the negligence to the injury, and determine the damages. It also involves following a rigorous legal process and dealing with insurance companies. A parking garage accident lawyer can take all that burden off your shoulders, allowing you to focus on treatment and recovery.
At Ankin Law, our parking garage accident lawyers will help you hold the negligent party or entity accountable. We will use all available legal tactics to ensure you receive full compensation for your damages.
Common Hidden Hazards in Parking Garages that Lead to Injury Claims
Parking garage injuries are caused by a range of safety risks. Most of these risks are quite apparent, but some are hidden. Examples of the hidden safety risks include:
Flooded/Wet surfaces
Garages with low-lying parking areas are prone to flooding. One factor that makes flooding a hidden hazard is that the puddles may cover uneven surfaces and potholes. Failure to take corrective measures can result in slips and falls. Liability will fall on the property owner if the property owner knew about the condition and ignored it.
Distractions
Many parking lot accidents are a result of distracted driving. Drivers usually get distracted while making phone calls, texting, or operating a car’s stereo system. In fact, a survey by the National Safety Council (NSC) found that about two-thirds of drivers across the nation drive through parking lots while on phone calls. Pedestrians also use smart devices while walking on the narrow lanes. This activity makes both drivers and pedestrians prone to parking garage accidents.
Poor Signage
Inadequate or poorly marked signage makes navigating parking garages difficult. Unclear signs cause traffic problems, such as failure to yield or misdirection, which increase the risks of head-on collisions.
Inadequate Security
Some parking lots are hotspots for criminal activities. A garage with negligent security systems or an understaffed security team becomes a haven for crime. Issues such as limited monitoring during operational hours encourage robberies and burglaries.
How to Prove Negligence After a Parking Garage Accident?
You must demonstrate four key elements to prove negligence after a parking garage accident. They include:
- Duty of Care: Parking garage users and owners have a legal obligation to conduct themselves responsibly and avoid exposing others to safety hazards.
- Breach of Duty: A breach of duty may occur when a driver drives through a parking lot above the recommended speed limit, a pedestrian disregards traffic signals, or a property owner or business operator ignores an uneven surface.
- Causation: You must establish a direct link between the liable party’s or entity’s negligence and the accident. You may, for instance, hold the city accountable if you were injured in an accident caused by a large pothole. You must, however, demonstrate that the city was aware or should have been aware of the pothole and did not take any corrective action.
- Damages: You must prove that you suffered actual losses as a result of the accident. You may, for instance, recover medical expenses, lost wages, and physical pain and suffering damages if you broke a wrist or suffered a head injury after a slip and fall in a parking garage.
Proving negligence after a parking garage accident can be an overwhelming task, especially for a non-lawyer. Your best shot at recovering full and fair compensation is to work with a premises liability lawyer. The lawyer will investigate the accident or incident, gather evidence, and help you navigate all legal and insurance processes.
How Parking Garage Design and Maintenance Failures Cause Serious Injuries
Poor Garage Design
Garage design refers to the parking lot layout and engineering. Poor design takes many forms. They include small parking spaces, narrow roads, and steep ramps. Garages are high-traffic areas. A garage with small parking slots and narrow roads will be congested. This congestion makes drivers and pedestrians prone to collisions.
Other design issues, such as steep ramps, make braking difficult for many drivers. The floor elevation may cause the driver to hit a pedestrian, even in a situation where the driver could have prevented an accident.
Poor Maintenance
Being public utility areas, parking garages require regular maintenance. Without proper maintenance, the pavement structures weaken and become unsafe. They might develop cracks and potholes, which are safety risks to drivers. The unevenness of the pavement is also a trip hazard to pedestrians.
Poor maintenance can also cause concrete to crumble. In a multi-level garage, a falling concrete block may hit your head, causing traumatic brain injuries. Other maintenance issues include fading striping and broken light bulbs. These may limit navigation and visibility, leading to accidents.
A parking garage injury can leave you with injuries and financial losses. Sometimes, the accident may cause a disability or long-term health issues. You have the right to file a claim and pursue compensation for your losses. A Chicago parking garage accident lawyer at Ankin Law can guide you through the process of holding the liable party (or parties) accountable. Contact us today for a free case review.
Frequently Asked Questions (FAQs)
What should I do immediately after a parking garage injury?
You should document the scene immediately after a parking garage accident. Crucial evidence to collect includes pictures and videos, statements from potential witnesses, and surveillance footage. You should also obtain a copy of the accident report if the police visit the scene.
Be sure to also seek medical care soon after the accident or incident. Prompt treatment prevents more complicated health issues. You’ll get screened for internal injuries that may not be immediately apparent.
Another crucial step to take after a parking garage injury is to seek legal help.
Who can be held liable for a parking garage accident?
Negligent drivers are the most common liable parties in parking garage accidents. Other liable parties or entities include pedestrians, property owners/ managers, business operators, government entities, and maintenance or security contractors.
How long do I have to file a parking garage injury claim?
Under the Illinois statute of limitations, you must file a parking garage injury claim within two years of the accident date. However, some special circumstances may shorten or extend this period. For example, claims against government agencies have a one-year window. If the injured party is a minor, the clock for the two-year deadline will start ticking once the injured party turns 18 years old.
