When driving in a parking lot, drivers should take extra caution to keep an eye out for pedestrians and avoid causing accidents. Taking blind corners too quickly or pulling through a parking space where people could be walking is exceedingly dangerous and can lead to serious injuries.
If you were injured as a pedestrian in a parking lot car accident, contact Miami parking lot pedestrian accident lawyer Prosper Shaked today. Prosper Shaked Accident Injury Attorneys PA represent injury victims in lawsuits against at-fault drivers and other negligent parties to get you the compensation you need after a serious injury. For help with your pedestrian parking lot injury case, call our law offices today at (305) 694-2676.
Who is at Fault for a Pedestrian Car Accident in a Parking Lot?
The law has many rules and regulations that help decide who is at fault in an accident. Additional safety rules may come from common sense and general expectations, but they also work to define fault in an accident. In most accidents between a pedestrian and a vehicle, the pedestrian is the one that suffers injuries. However, there must be a rule or a general safety guideline you can point to that puts the driver at fault for the accident. Otherwise, Florida law may consider the pedestrian responsible for their own injuries.
The main traffic laws dealing with pedestrians dictate that the driver of a car must yield to a pedestrian in most situations. Typically, drivers must yield to pedestrians in a crosswalk, whether the crosswalk is marked or not. These rules apply in any area paved for traffic, which would include the driving lanes in a parking lot. If a driver fails to yield to a pedestrian, pedestrian accidents can occur.
As a pedestrian, there are rules you must follow as well. You should always cross lanes of traffic at crosswalks, not in between. You should also cross these lanes perpendicular to traffic; do not cross diagonally. The law also requires pedestrians to walk on the left-hand side of the road, facing traffic, and to avoid darting out into traffic if at all possible. If you are blamed for your own injuries by violating one of these rules, you may still be able to recover damages despite your partial fault.
Parking lots can be hectic, especially at crowded grocery stores or shops. It is always best to have your wits about you as a pedestrian, but drivers have general safety rules reasonable drivers would expect them to follow. Drivers in a crowded parking lot should know that they should drive slowly, even if there is no marked speed limit. The average person understands that using your signal, yielding to confused-looking pedestrians or groups with children, and cautiously avoiding shoppers with large carts or buggies should be high-priorities for drivers, and failing to do any of these things may make the driver at fault for an accident.
Can I Sue for Pedestrian Accidents in Florida?
Florida’s no-fault car insurance rules often confuse victims of car accidents. These rules typically require you to file your case through car insurance if you have low-level injuries or property damage only. However, severe injuries are always allowed to go to court instead, where they may receive higher compensation. Additionally, if you were injured as a pedestrian, car insurance rules might not apply to you, and you may be able to sue anyway.
If you have car insurance in Florida, your coverage will include “PIP” coverage for “personal injury protection.” This coverage is no-fault coverage that pays for your injuries no matter who was at fault for the accident. If you were injured as a pedestrian, but you have car insurance, your insurance might still cover you. However, non-drivers, children, and others without insurance might have no choice but to sue.
If you were seriously injured, your auto insurance policy’s PIP coverage might not be enough to cover your needs. PIP only typically pays a certain percentage of your lost wages and medical expenses, and insurance usually covers no damages for pain and suffering. To claim these damages, you may need to file a lawsuit instead.
When you take your case through the court system instead of insurance, you may claim financial compensation for the full value of any damages you faced, including medical expenses, lost wages, and pain and suffering damages. If your car insurance should cover the case, you must meet certain exceptions to sue instead. Typically, you can sue for “permanent” injuries, which can include substantial scarring or injuries that affect a bodily function. You can also sue if the damages you faced total more than $10,000. With the current cost of medical care, it may not take much for your case to total at least $10,000, opening your opportunity to sue.
If a loved one was killed in a particularly serious car accident case in a parking lot, you can always sue for wrongful death.
Call Our Miami Parking Lot Pedestrian Accident Attorney Today
If you or a loved one was injured in an accident in a parking lot, contact Miami pedestrian parking lot accident lawyer Prosper Shaked today. Prosper Shaked Accident Injury Attorneys PA offer free legal consultations to injury victims to help them understand the damages they may be entitled to and how their case can proceed. For help with your case and to schedule a free legal consultation, contact our law offices today at (305) 694-2676.