Unique Aspects of a Parking Lot Collision Claim in Lakewood
Slow speed limits, pedestrians, and unenforced traffic rules are significant factors in a parking lot collision claim in Lakewood. Since drivers are often aware of the fact that they could not get tickets from police officers in parking lots, they frequently tend not to stop for pedestrians and crosswalks, go over the posted speed limit, and not observe stop signs.
To learn more, or to get started on a case, reach out to a personal injury lawyer for help. Schedule a consultation today.
Differences Between Road and Parking Garage Collisions
One of the main differences between parking lot accidents and street accidents is that, for parking lot accidents, they usually take place on private property. As a result, police officers are less likely to assess fault or issue tickets unless there are severe injuries involving the negligence of another driver.
Another factor that is specific to parking garage accidents involves the rules of the road. For parking lot collisions, drivers are typically not subject to the rules of the road. Although a sign may say 15 miles an hour, drivers understand that they likely would not get a ticket for driving five miles an hour over whatever the posted speed limit is. Drivers are less likely to observe directional signs, one-way signs, stop signs, and other traffic control devices in parking lots, which makes it more likely that an accident could take place.
Assessing Fault in a Parking Lot Collision
Assessing fault in a garage parking accident could prove to be difficult since it may take more time than usual for an officer to arrive to the scene of the accident. Even if an officer does arrive at the scene, they may not give a ticket to either party because the rules are far less defined in parking lots and it is much harder to assess fault, especially since drivers frequently do not observe posted signs. As a result, motorists tend to blame each other for accidents that take place. For this reason, it is important to obtain an attorney to help assess property damage determine liability in an accident.
Role of Comparative Fault
Comparative plays a significant role in parking lot accident cases. Colorado has a notion of comparative negligence, meaning that the burden of proof is upon the plaintiff to demonstrate that the other driver was 51 percent or more at-fault. In assessing a parking lot accident, it is best if the facts demonstrate that the injured party was as far away from 50 percent as possible, meaning the other driver, or the arguable at-fault driver, was far more than 50 percent at fault.
As the fault of the two drivers approaches 50 percent, it becomes harder for a jury to determine who is at-fault in the accident. This is a reason for injured parties to consult with attorneys to obtain an assessment as to who was the driver that was most at fault in the accident. Given the fact that insurance companies are going to be very resistant to paying due to the factors involved in a parking lot accident and the less rigid rules in a parking lot, it is important to obtain an attorney to get professional help in proving, if possible, that the accident was well more than 50 percent the responsibility of the arguable at-fault driver.
Qualities to Look for in an Attorney
The kind of qualities and experiences a person should look for when hiring an attorney to represent them in a parking lot accident injury case include experience. Victims should make sure they find an attorney who has handled a high number of parking lot accidents before they hire an attorney.
The Gaiennie Law Firm has handled a high number of parking lot accidents and is very experienced in terms of knowing how to establish the appropriate proof to show that the arguable at-fault party is at-fault. If you believe you could benefit from the help of a seasoned attorney, schedule a consultation to learn more about your eligibility for compensation.