People often think that if they are involved in a car accident in a parking lot or garage, they do not have any legal recourse for any damages that they have suffered.
Two different areas of law may apply when you are involved in a collision on someone’s property. If the at-fault driver is an employee of the business that owns or controls the parking lot, an area of law called premises liability will apply.
If the other person was simply driving through the parking lot like you and not connected to the business, then the same laws that control accidents on the street will apply.
If you have suffered property damage or physical injury due to a car accident that happened in a parking lot, our Denver parking lot accident lawyers are here to help. Our auto injury attorneys work with clients to fully understand their rights and to fight for the fair compensation that they deserve. En Español.
Colorado Laws Concerning Parking Lot Accidents
Regardless of where a car accident happens, whether on a street, highway or parking garage, there is no such thing as a true fluke or accident. Choices and decisions lead to conclusions. People must be held responsible for the choices they make when they cause a collision.
Because of this, a plaintiff must be able to demonstrate that the defendant was negligent when the parking lot accident occurred in Denver.
The following are the four elements of negligence applied to an example of a person driving too fast in the garage and rear-ending the plaintiff’s car.
- Duty – All drivers of cars have a legal responsibility to drive with a reasonable amount of care. This is known as duty. In the example, the defendant was driving his car, and therefore had a duty to protect other people, including the plaintiff.
- Breach – A breach of the duty of care occurs when a person takes an action that breaks the duty of care and causes harm to a protected party. In this example, the defendant breached his duty of care for the plaintiff by driving too fast and rear-ending the plaintiff’s car.
- Cause – The plaintiff must be able to demonstrate that their injuries were caused by the defendant’s breach of the duty of care. For example, if the plaintiff has a broken leg, they must show that the break was caused by the accident and not by slipping on ice afterwards.
- Damages – The plaintiff must suffer physical injuries. This can be property damage or bodily harm. Mental harm is not enough on its own, but may be considered in tandem with physical damages. The broken leg discussed above is certainly a valid injury to claim as damages.
Whereas accidents on streets tend to involve rear-endings or running through stop signs, accidents in parking garages usually involve backing out of spaces without looking and taking corners at excessive speeds. Proving negligence can be more difficult in parking lot accident cases in Denver, but is by no means impossible.
Statute of Limitations for Colorado Car Accidents
One other legal aspect of a parking lot accident case to keep in mind is the statute of limitations. This is, in simple language, a time limit that a plaintiff has to file a claim after the accident takes place.
Colorado Revised Statute 13-80-101 designates a three-year time limit for all car accident-related injuries. This may seem like a long time, but recovery from injury and settlement negotiations can take months. Time is of the essence in these cases. Contact a Denver parking lot accident lawyer today.
Let a Denver Parking Lot Accident Attorney Assist You Today
If you have been injured while driving or walking through a parking lot, our firm’s parking garage attorneys are here to help.
Although the collision may have occurred a low speed, the force applied during a car accident can still be substantial. Even though the accident occurred off the streets, the defendant may still be liable for your injuries.
Insurance companies may try to minimize your injuries or even blame you for the accident. Do not be bullied by aggressive insurance representatives. Contact our Denver parking lot accident lawyers today to fight for the compensation that you deserve.