More often than not, a parking lot accident is at a low speed versus an on-street accident that is probably at a higher rate of speed. Many accidents in a parking lot involve two vehicles backing out at the same time. Or, a vehicle backs into another vehicle and there is a side impact.
Should you happen to be injured in a collision on public property, contact an Aurora parking lot accident lawyer as soon as possible. A distinguished car accident attorney can help you seek damages for your injuries.
Impact of Slower Driving Speeds
Pedestrians and children are often in the parking lot, so a driver has a heightened duty to look where they are going and be aware of their surroundings.Aurora parking lot accident lawyers consider liability to be a factor when pedestrians are involved in an accident. Most parking lots have a speed limit of 15 miles per hour or less. When someone exceeds that speed limit or a reasonable speed, they could be exposed to a negligence per se claim if a lawsuit is filed.
Difference from Open Road Collisions
The police often do not respond to a private property accident unless there is severe bodily injury. In that case, an ambulance and the police come to the scene. Nobody wants to take responsibility for the accident and the drivers may blame each other for causing the accident. It is important for a person involved in a parking lot accident to get eye-witness testimony or statements to corroborate their side of the story.
No citations can be issued on private property, so police officers do not come out unless there is a severe bodily injury. For more information, individuals should speak with an Aurora parking lot accident lawyer immediately.
What Role Does Contributory Negligence Play in Aurora Parking Lot Accident Cases?
Liability is always an issue in a parking lot accident versus a street accident because Colorado is a comparative fault state, so the liability from both sides is determined.
Colorado is a comparative fault state so the level of certainty is definitely heightened for parking lot accidents. A person should be hyper-aware of their surroundings and that is not always the case in parking lot accident for pedestrians and vehicles. Sometimes, the pedestrian walks out right behind someone who is backing up.
Aurora parking lot accident lawyers know that insurance companies generally do not pay out on a parking lot accident. The damages are too minimal to pay out anything. It is not uncommon to have a parking lot accident claim denied.
Defining Negligent Behavior
If a pedestrian is running through the parking lot, that would be negligence. If they walk down the middle of the street, they are most likely negligent for not crossing the street in a crosswalk. A pedestrian is obviously not negligent when they walk through the parking lot pushing a cart or within the designated walking area. The at-fault driver is considered negligent when they do not look for pedestrians in the parking lot as they are driving through or when they are driving at a higher rate of speed than what is reasonable.
Speaking with an Attorney
When someone needs an Aurora parking lot accident lawyer to represent them in a parking lot accident injury case, they should look at the attorney’s track record for trying cases involving parking lot accidents. Most insurance companies deny liability in a parking lot accident. Those cases end up in trial quite often. It can be important to have an attorney who understands the unique aspects of parking lot collisions.