Most Memphis parking lot accident claims occur because a driver failed to look behind them before they started to back out of their space, striking the vehicle behind them. While this may sound like a simple right-of-way case, these accidents can be more complicated than they appear.
If you need help determining liability in a parking lot or parking garage crash, David E. Gordon is a Board-Certified lawyer who is experienced in assessing fault in car accident cases. Let a dedicated car accident attorney review your case for compensation and recover the most amount of damages possible for you.
Parking lot accidents can be difficult to assess because it may be hard to tell which vehicle had the right of way in the situation. For example, if one vehicle is traveling down a lane between two rows of parked cars and another car is traveling a perpendicular path in front of a strip of business establishments, and there is no stop sign for either driver, the right of way can be complex to determine.
Parking lots of big stores and shopping centers contain many vehicles, so we know that they are also many people nearby. With people moving in and out of vehicles and walking around throughout the day, a parking lot can be a dangerous place.
A fairly common accident in a parking lot is a backing vehicle striking a pedestrian on their way to their vehicle with shopping bags or a grocery cart. People can get hurt badly in these incidents, even though the backing vehicle is moving slowly. If the pedestrian was not paying attention while walking, the driver may not be solely at-fault for the accident. A local representative can help a claimant determine their contribution to the crash if any, and recover the maximum amount of damages possible.
Another of the challenges with parking lot accident claims is that local police will ordinarily refuse to investigate these incidents. However, it is recommended that anyone involved in a wreck attempt to get a police investigation, even on private property, if possible. There are suburbs in the Memphis area whose police departments will provide reports on collisions on private property.
Many times, the best a person can get in a shopping center accident is a one-page diagram and report by a security officer at the shopping center. As long you get some kind of record of what happened, it will be valuable when you make your insurance claim.
In these situations, it is also important that the plaintiff takes pictures of the vehicles immediately after the accident and that they get all the information they can about the other driver’s identity and insurance coverage.
Memphis Comparative Fault Law
Tennessee adheres to a law called comparative fault. This means that whenever an accident occurs, the fault of all people involved is compared to determine who is entitled to damages. For example, if a driver backing from a parking space strikes a person walking from the grocery store to their car, then a legal advisor is going to look at both the driver and the pedestrian’s conduct. Perhaps it is alleged that the pedestrian had time to avoid the accident had he not been on his phone at the time.
The fault of all parties is going to be examined in every accident. As long as one’s fault is determined to be less than 50%, an injured person is entitled to compensation in Tennessee.
Understanding Laws in a Parking Lot Accident Case
The laws governing traffic are important to understand fully if you want to bring a Memphis parking lot accident claim against another individual. A law firm whose practice is largely devoted to motor vehicle crashes is going to be best suited to help a person injured in a crash.
David E. Gordon is a practiced attorney that has the knowledge, trial experience, and reputation for integrity, tested by the Tennessee Supreme Court, and found excellent. If you or a loved one has been injured in a car crash, call David today for a free consultation. With the help of a dedicated lawyer, you could seek the compensation you deserve.