How to Handle a Parking Lot Accident in Texas
A vehicular accident can occur at any time on the road, and a crash can also happen suddenly when you’re driving in a parking lot. Parking lot accidents occur more often than you might think, and Texas law requires you to follow certain steps if you’re involved in one of these collisions.
If you get into one of these accidents, a parking lot car accident lawyer can offer you legal guidance and represent you as you work together to achieve the best outcome with your case.
How Parking Lot Accidents Often Happen
Driving a car in reverse is one of the most dangerous gears to drive in, and a collision with a parked car, a moving vehicle or another object is more likely to happen when you’re backing up your vehicle. Driving in reverse can also lead to a collision if your vehicle backs out of the parking lot and into oncoming traffic on the road.
A parking lot can sometimes be a competitive environment, and drivers often contend with other motorists for parking spots. If two vehicles are trying to park in the same spot, a collision may happen if neither vehicle yields.
Intersections in parking lots can also be the sites of accidents, and this is especially true at parking lot intersections that don’t have stop signs. Parked vehicles and any plants or trees that are near these intersections often obstruct views and cause more collisions in parking lots when drivers have trouble seeing one another.
If a particular parking lot aisle lot is narrow, vehicles that are too wide might try to pass through, and these vehicles could strike parked vehicles or other objects along the sides of the aisle and cause damage.
Other Contributing Factors of Parking Lot Accidents
A parking lot is often the site of many activities, which may include drivers pulling into and backing out of spaces, pedestrians crossing, and delivery trucks or other vehicles blocking certain areas. These activities can create additional distractions that increase the chances of getting into an accident in a parking lot.
Environmental factors, such as heavy rainfall, dark skies and fogginess, can limit visibility and make driving in a parking lot more dangerous. If a snowstorm or deep freeze happens in Texas, a parking lot can become an especially slippery and dangerous place for drivers.
Poor lighting is another factor that increases parking lot accident risks. If a parking lot has little to no light at night, drivers could strike other vehicles or objects because of limited visibility.
Differences Between Parking Lot Accidents and Crashes on the Road
Accidents that happen in parking lots and on the road are sometimes handled in different ways, so it’s important to be aware of the key differences between the two. A parking lot accident lawyer can inform you more about the particular factors that often dictate how crashes in parking lots are handled so that you’ll be more prepared to proceed with your case.
The police will sometimes not show up at the scene of a parking lot accident, as vehicle or property damage that occurs in this type of collision is often not as great as it is when accidents happen on the road. However, if anyone was injured in the crash, the police and possibly emergency responders will show up to take reports and transport any seriously injured individuals to a hospital.
The owner of the parking lot will also be more likely to be involved in your case. This is because many parking lots are owned by store owners or parking lot companies. Parking lot owners might also be held at least partly legally responsible if the parking lot was mismanaged at the time of the accident.
What to do if You’re Involved in a Parking Lot Accident
Contact emergency services immediately if you or anyone else in your vehicle sustained any serious injuries from the accident. You’ll still need to manage other details of the accident later, but medical attention should be prioritized in an emergency situation.
You should exit your vehicle to assess the damage and exchange information with any other drivers involved if you’re uninjured and conditions are safe enough to do so. The information that’s exchanged should include names, phone numbers, driver’s license numbers and insurance details. Be sure to never admit fault when you’re exchanging information, as claiming responsibility for the accident could make proving your claim more difficult for you and your car accident lawyer.
Any car crash attorney will also advise you to contact the police even if the damage is minor. The police may or may not be dispatched to the scene, and this will depend on how serious they think the damage was.
In a situation where no police officer comes to the scene, you’ll need to fill out the Texas Form CR-2 crash report. To ensure that all the details on the form are accurate prior to submission, you should have your car collision lawyer review it to look for any errors or missing information that could jeopardize your case.
Sufficient evidence is key to proving any claim, and it’s important to take the time to gather as much evidence as possible when you’re involved in a parking lot crash. Your car collision lawyer can review your evidence to determine whether it’s relevant to your case and help you submit it with your claim. This evidence may include pictures or video of the vehicle damage as well as the area of the parking lot where the accident occurred. You can also try to gather witness statements to support your version of the events.
If you believe that the owner of the parking lot was at least partially responsible for your accident, a car crash lawyer will advise you to take photos and gather other evidence that can be used against the owner to prove your claim.
You’ll also want to notify your insurance company as soon as possible so that an accident report can be written. If you wait too long to file your claim with your carrier, your claim is more likely to be denied or heavily scrutinized.
Of course, you should contact a parking lot accident lawyer for legal guidance throughout each phase of the legal process. Your attorney can additionally work with the insurance company to ensure that you’re offered a fair compensation amount if you’re eligible for payment.
You could still get some monetary compensation on your claim if you believe that you were partially at fault for the accident. In Texas, a modified comparative fault system is in place to allow drivers who were partially responsible to get some percentage of the final payment for damages. A car collision attorney can assist you if you choose to file one of these claims.
What if You Hit an Unoccupied Parked Car?
If you hit a parked vehicle that no one was inside of it at the time, you might be charged with a misdemeanor for hit-and-run if you flee the scene without notifying the driver. Texas law mandates that you make an attempt to find the driver to notify them of the situation or leave a note with your information on their vehicle.
If you leave a note, be sure to include your name, address and phone number along with your insurance provider details, as this is required under Texas law. The note should be left somewhere on the vehicle that will be easy for the other driver to find, such as on the windshield tucked under one of the wipers. If it’s currently raining, try to place the note in a plastic bag or something else that’s waterproof before you leave it on the other driver’s vehicle.
What if Someone Hits Your Parked Car?
You might return to your vehicle after you’ve left it parked for a while and notice damage that was left by another vehicle on it. The driver who damaged your vehicle is supposed to stay at the scene and wait for you to return or write a note with their information and leave it on your vehicle, but this doesn’t always happen.
If the driver fled without leaving a note, you can still file an insurance claim and take action to try with help from your car accident lawyer to recover damages by taking pictures of the damage to your vehicle and gathering other evidence. Ask the property owner if any surveillance cameras are monitoring the parking lot and find out if you can review footage that was taken on the day and around the time you think the incident occurred. A car accident attorney can also help you gather the evidence that you need to pursue a claim and possible additional legal action.
Ways to Minimize Parking Lot Accident Risks
You can greatly minimize collision risks in a parking lot if you take the right precautions. Be sure to keep an eye out for stop signs and pedestrian crossings and follow other signage that provides directions or safety warnings in a parking lot. You should keep your speed under 10 miles per hour when you’re in a parking lot, and you’ll also want to avoid talking on the phone, changing radio stations or engaging in other distractions when driving.
As far as the right of way is concerned, you should know that pedestrians always have the right of way, and you should prepare to stop suddenly if someone crosses your path. Drivers who are leaving parking spaces must yield to drivers who are already passing through the aisle. When you reach an intersection in a parking lot, the driver on the right generally has the right of way.
You shouldn’t hesitate to contact a parking lot accident lawyer if you’re ever involved in a parking lot accident. Your legal representative can advocate for your rights and will work hard to ensure that your case is handled in a just manner.