Long Island residents spend a lot of their time in parking lots. Whether it is for work, shopping, doctor’s office, or even for school, Long Island residents find themselves navigating a parking lot in a car or on foot. Unfortunately, due to the crowded nature of parking lots, sometimes accidents occur resulting in personal injuries.
Quite often parking lot accidents are the result of the negligence of a driver. This negligence can be something such as distracted or aggressive driving. However, distracted pedestrians can also be the cause of an accident by wandering in front or behind a moving vehicle. Understanding the right of way within a parking lot can be the key to determining liability for a parking lot accident.
In deciding who has the right of way in a parking lot, one must consider the type of lane they are in. In every lot there are thoroughfares and feeder lanes. Thoroughfare lanes are the lanes coming directly from the street. They are often wider than the feeder lanes which are also referred to as the aisles. Drivers in a thoroughfare typically have the right of way over those departing from the feeder lanes. With that being said, if a driver is making a turn from a thoroughfare, they must yield to approaching traffic, pedestrians and cyclists. Of course, any time there is a stop or a yield sign, a failure to obey the sign is an act of negligence.
Like drivers in aisles, drivers entering or exiting a parking space must yield to those who are driving through the lane. Drivers exiting a parking space do not have the right of way over those already on the move. These accidents account for a majority of the accidents within a parking lot.
Following a parking lot accident, there are several damages an injured party could seek. First and primarily, the injured party could seek medical expenses. If the collision involved a motor vehicle, an injured party can likely apply for No-Fault benefits. If the injuries cause the injured party to miss time from work, they may be able to seek lost wages. Lastly, the injured party may seek damages for pain and suffering.
If you are in a parking lot accident, there are several pieces of evidence that may be helpful to prove your claim. Immediately following the accident, you should seek medical attention, if necessary. You should have a police accident report completed. If you are able, you should take pictures of the lot, vehicles and positions.
If you are injured in a parking lot, it is important to consult an attorney experienced in handling Long Island parking lot accident claims as soon as possible. As with most personal injury claims, there are deadlines that must be met when seeking damages. The attorneys at McGuire, Peláez & Bennet, PC, will work to ensure you receive the compensation you deserve. For more information about our firm or to schedule a consultation, call our office at 631-348-1702 or fill out our contact form.