Chicago Parking Lot Accident Lawyer
Parking lots are a magnet for auto accidents. They are filled with vehicles, with drivers vying for limited parking spaces, and there are frequently obstructions that make it difficult to see other motorists or pedestrians. It is not uncommon to return to your vehicle to find that it was damaged while parked in the lot.
At Ankin Law, our Chicago area parking lot accident lawyers have decades of experience representing victims in a wide variety of auto accidents, including those that commonly occur in parking lots such as hit-and-run cases, pedestrian accidents, and cell-phone use related accidents.
When you choose our legal team, you get:
- 24/7 Access to attorneys
- 100 years of combined experience
- A FREE case review
- NO legal fees unless your case is won
If you suffered injuries in a parking lot accident, call Ankin Law at (312) 600-0000.
Table of Contents
Determining Liability in Parking Lot Accidents
Determining liability in parking lot accidents can be complicated due to the unique environment and varied scenarios that occur. Factors to consider include the nature of the accident, the behavior of the drivers, and the events leading up to the collision.
Right-of-Way in Parking Lots
Right-of-way in parking lots depends on the actions taken by the drivers involved, as well as the timing of the actions.
- Backing Out of a Space: If a driver is backing out of a parking space and hits a car passing through the lane, the driver backing out is typically found at fault. He or she has a responsibility to ensure the lane is clear before proceeding.
- Two Cars Backing Out: When two cars are backing out simultaneously and collide, fault may be shared or assigned based on the actions of each driver. Both drivers have an obligation to check their surroundings.
- Parking Maneuvers: If a collision occurs while one car is pulling into a space and another is passing through, the driver pulling in may be at fault for not yielding.
- Moving Violations: Accidents caused by drivers speeding, ignoring stop signs, or driving the wrong way in designated lanes often place fault on the violating driver.
Evidence and Investigation
To determine liability, evidence such as surveillance footage, witness statements, and photos of the accident scene are crucial. Insurance companies will also consider the damage pattern on the vehicles, which can indicate the direction and point of impact.
Parking lot accidents require careful examination of the context and behaviors involved. Drivers must adhere to parking lot rules and be vigilant to avoid collisions. Consulting with a parking lot accident lawyer can help in accurately determining liability and ensuring fair resolution.
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How Do Parking Lot Accidents Happen?
Parking lot accidents are common and occur in various scenarios, often involving low-speed collisions but still resulting in injuries. Understanding how these accidents happen can help drivers take precautions and reduce the likelihood of incidents and determine fault should a claim occur.
Distracted Driving
One of the leading causes of parking lot accidents is distracted driving. Drivers often feel a false sense of security in parking lots, leading them to pay less attention to their surroundings. Common distractions include using a cell phone, adjusting the radio, eating, or conversing with passengers. Even a momentary distraction can result in a collision with another vehicle or a pedestrian.
Backing Out of Spaces
Accidents frequently occur when drivers are backing out of parking spaces. Limited visibility and blind spots make it difficult to see oncoming traffic or pedestrians. If two vehicles are backing out simultaneously from opposite sides of the aisle, the risk of a collision increases. Drivers must be vigilant and proceed slowly, using mirrors and backup cameras if available.
Failure to Yield
Parking lots have a variety of traffic patterns, including main thoroughfares and smaller lanes. Accidents often happen when drivers fail to yield the right of way. For example, vehicles traveling in the main aisle usually have the right of way over those exiting parking spaces or crossing smaller lanes. Ignoring yield signs or assuming other drivers will stop can lead to collisions.
Speeding
Despite speed limits often being posted, some drivers speed through parking lots, creating hazardous conditions. High speeds reduce reaction time and increase the severity of accidents. Drivers should adhere to speed limits and drive cautiously, especially in areas with heavy pedestrian traffic.
Poor Visibility
Parking lots with inadequate lighting, especially at night, contribute to accidents. Poorly marked lanes, faded signage, or obstructed views due to parked vehicles and landscaping also play a role. Ensuring clear visibility and proper lighting can help reduce the risk of accidents.
Pedestrian Traffic
Parking lots are shared spaces for vehicles and pedestrians. Accidents can happen when drivers fail to notice pedestrians crossing lanes or walking behind reversing vehicles. Pedestrians may also be distracted by their phones, making them less aware of oncoming traffic. Drivers should always be on the lookout for pedestrians and yield appropriately.
Weather Conditions
Adverse weather conditions such as rain, snow, or ice can make parking lots slippery and reduce visibility. Drivers may misjudge stopping distances or lose control of their vehicles, leading to accidents. Slowing down and being extra cautious in poor weather conditions is essential.
Did a negligent driver cause your parking lot accident? Call Ankin Law at (312) 600-0000 for help.
What to Do After a Parking Lot Accident
Knowing the appropriate steps to take after a parking lot accident can help ensure everyone’s safety, facilitate a smooth insurance process, and protect your legal rights. Here are the essential steps to follow after a parking lot accident in Illinois:
Ensure Safety
First and foremost, ensure the safety of everyone involved. Check for injuries and call 911 if medical assistance is needed. Even if injuries appear minor, it’s wise to seek medical evaluation, as some injuries may not be immediately apparent.
Move to a Safe Location
If possible, move the vehicles to a safe location to avoid obstructing traffic and reduce the risk of additional accidents. However, if the vehicles are significantly damaged or there are injuries, it’s best to leave them where they are until authorities arrive.
Call the Police
While parking lot accidents may seem minor, it’s important to report them to the police. In Illinois, police are required to file a report for accidents involving injuries, fatalities, or significant property damage. A police report can be invaluable for insurance claims and legal cases.
Exchange Information
Exchange contact and insurance information with the other driver(s) involved. This includes names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance policy details. If there are witnesses, gather their contact information as well.
Document the Scene
Thoroughly document the accident scene. Take photographs of the damage to all vehicles, the surrounding area, and relevant traffic signs or signals. Note the time, date, weather conditions, and any other pertinent details. This documentation can support your insurance claim and provide evidence if a dispute arises.
Seek Medical Attention
Even if you don’t feel injured, it’s important to seek medical attention after an accident. Some injuries, like whiplash or internal injuries, may not show immediate symptoms. A medical professional can assess your condition and provide documentation of any injuries related to the accident.
Consult an Attorney
Consulting a personal injury attorney can help protect your rights. He or she can negotiate with insurance companies and guide you through the legal process.
How Much Is My Parking Lot Accident Settlement Worth?
Determining the value of a parking lot accident settlement involves considering the severity of the injuries, property damage, and the impact on the victim’s life. Here are the key elements that influence the settlement amount:
Medical Expenses
The cost of medical treatment includes emergency room visits, hospital stays, surgeries, medications, physical therapy, and future medical care needed due to the accident. Accurate and comprehensive medical documentation is essential to substantiate these costs.
Lost Wages
If the accident caused you to miss work, you could claim compensation for lost wages. This includes not only the immediate time off work, but also the long-term impact on your earning capacity if the injuries result in a disability or require ongoing treatment that affects your ability to work.
Pain and Suffering
Pain and suffering refer to the physical pain and emotional distress experienced as a result of the accident. This is subjective and can vary from case to case. Factors such as the severity of injuries, the length of recovery, and the impact on daily life and activities are considered when determining compensation for pain and suffering.
Loss of Enjoyment of Life
If the accident results in long-term or permanent injuries that affect your ability to enjoy activities and hobbies you previously engaged in, you may recover compensation for loss of enjoyment of life. This is also a subjective measure and is assessed based on the impact on your quality of life.
Comparative Fault
Illinois follows a modified comparative fault rule, meaning your settlement can be reduced if you are found partially at fault for the accident. If you are deemed more than 50% responsible, you may not recover any damages. The degree of fault assigned to each party will directly affect the settlement amount.
Insurance Policy Limits
The insurance policy limits of both parties involved can also influence the settlement amount. If the at-fault driver’s insurance coverage is insufficient to cover your damages, you may need to explore other options, such as underinsured motorist coverage or pursuing a personal injury lawsuit.
The value of a parking lot accident settlement depends on various factors, including medical expenses, lost wages, property damage, pain and suffering, loss of enjoyment of life, comparative fault, and insurance policy limits. The settlement amount will be tailored to the circumstances and impacts of the accident. Consulting with a parking lot accident attorney can help ensure you receive fair compensation by accurately assessing and negotiating the value of your claim.
Frequently Asked Questions About Parking Lot Accident Lawsuits
How Much Does a Car Accident Lawyer Cost?
Car accident lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. The fee is usually a percentage of the settlement or award, commonly ranging from 25% to 40%. This arrangement ensures that legal services are accessible without upfront costs.
How Long Do I Have to File a Car Accident Lawsuit?
In Illinois, you generally have two years from the date of the car accident to file a personal injury lawsuit and five years to file a property damage claim. Missing these deadlines typically results in losing the right to pursue legal action for your damages.
Is It Worth Suing After a Parking Lot Accident?
Suing after a parking lot accident can be worth it if you have significant injuries, substantial property damage, or disputes over fault. Legal action may help you secure fair compensation for medical expenses, lost wages, and other damages. Consulting with a lawyer can clarify your best course of action.
What Our Clients Say About Us
I’m very pleased with the kind of service and professionalism by this law firm. Atty Scott Goldstein handled my case well. Ms. Alex Quigley went above and beyond to ensure I’m okay all throughout the process. They’ve treated me like a family member. Thank you so much, Ankin Law. Highly recommended!
