South Florida Injury Lawyer Blawg
Unfortunately, parking lot accidents take place frequently in Florida and across the United States. With automobiles and pedestrians continuously moving around, drivers have to be especially careful in parking lots. If you’ve been injured in a parking lot accident, it is important to seek the help of a qualified Miami injury attorney who can evaluate the facts of your case.
According to the National Highway Traffic Safety Administration (NHTSA), one out of every five automobile accidents occurs in parking garages and parking lots.
While most parking lot accidents take place at low speeds, they can lead to significant damages. Parking lot accidents can happen in two ways: when one car hits another or when a car hits a pedestrian. Even when the accident happens at a low speed, a pedestrian can suffer substantial injuries due to the sheer weight and power of the automobile. Common causes of parking lot accidents include not paying attention when backing out of a parking space, speaking on the phone while driving, or speeding in the lot.
Parking lots are considered private property. As a result, laws that apply to moving vehicles on public roads do not always apply. Police do not always respond to accidents on private property, since they are considered low-impact and do not typically involve serious injuries.
Determining fault can be tricky in parking lot accident cases. An individual who is backing out of the parking space when the accident takes place will typically be considered negligent, since it is his or her duty to yield to oncoming traffic. Negligence is the failure to exercise reasonable care while driving. Reasonable care is defined as how a prudent or sensible driver would act in the same or similar circumstances. In order to establish negligence, the plaintiff must demonstrate the following elements. The defendant must have owed the plaintiff a duty of care, and the defendant must have breached that duty of care, which must have directly caused the plaintiff’s harm and the resulting damages. In many parking lot accident cases, liability for an accident is not attributed to a single party. Instead, two or more parties will share in the liability with varying percentages of fault.
Under Florida law, speed limits in parking lots range from 10 to 15 miles per hour. The law also requires property owners to maintain their parking lots by providing adequate lighting and removing debris. If your accident was caused by improper maintenance of the parking lot, you may be able to take legal action against the parking lot owner.
If you succeed on a negligence claim, you may be able to recover damages such as medical bills, rehabilitation costs, pain and suffering, property damage, lost income and benefits, and any other costs stemming from the accident.
At the Law Offices of Robert Dixon, our Miami car accident attorneys have the skill, experience, and determination to handle your claim. We understand that this is a difficult time for you and your family, which is why you can expect the utmost compassion from our entire team. We proudly represent clients across South Florida. For more information, call us at 1-877-499-HURT (4878) or contact us online today.
More Blog Posts:
Weather-Related Motor Vehicle Accidents in Florida, South Florida Injury Lawyer Blawg, November 19, 2015
Jurisdiction Issue in Florida Product Liability Case, South Florida Injury Lawyer Blawg, November 19, 2015
Aggressive Driving in Florida, South Florida Injury Lawyer Blawg, November 19, 2015