On its face, parking lot and parking garage accidents and lawsuits may seem similar; however, they often fall under two different legal theories. While car and motorcycle accidents often occur on highways or congested roadways, parking lot and garage accidents are quite common. Even though cars tend to be traveling at lower speeds in these areas, the accidents can still result in devastating consequences. Injury victims should contact a Maryland motorcycle accident attorney to discuss their recovery options.
A recent news report described a parking lot accident between a motorcyclist and a box truck. According to an initial investigation, the motorcyclist was leaving a restaurant parking lot when he pulled in front of a box truck. The truck driver attempted to veer out of the way but could not. The motorcyclist died at a local hospital, however, local authorities stated that the driver will not face criminal charges.
What Are the Main Casues of Accidents in Parking Lots?
Parking lot accidents can occur in various situations, such as when vehicles are backing out of a spot, turning out of a lot, or entering space simultaneously. Contrary to what many people believe, drivers are not automatically equally at-fault for a parking lot accident. Instead, courts treat these cases like any other vehicle accident. Insurance companies and courts make liability determinations by looking at the totality of the circumstances. However, even in cases where fault and liability are apparent, defendants may present affirmative defenses to avoid liability. For this reason, it is best to consult with an experienced personal injury attorney before filing your case.
Although each case is different, most parking lot accidents tend to follow general negligence law. Whereas parking garage accidents often fall under Maryland premises liability laws. Typical premises liability cases involve slip-and-falls, staircase injuries, dog bites, construction site negligence. However, some parking lot and parking garage accidents involve premises law theories.
Parking garage owners may be liable for accidents stemming from their negligence. For instance, an owner may be liable if the accident involves:
- Missing signage,
- Inadequate lighting,
- Broken wheel stop, and
- Pavement damage.
Moreover, depending on the case’s particular circumstances, even cases involving driver negligence may fall under premises liability.
These cases only become more challenging when the accident involves a hit-and-run driver. In these cases, an attorney can help investigate the claim to determine the exact circumstances of the accident. Attorneys can prepare a compelling and legally sound case by gathering documentation, contacting medical experts and accident reconstructionists, investigating photographic and video evidence, and developing a solid case theory and claim for recovery.
Have You Suffered Injuries in a Parking Lot or Garage?
If you or someone you know has been hurt in a parking lot motorcycle accident, contact Lebowitz & Mzhen for assistance. The accident lawyers at our office provide legal services and representation to accident victims in an array of matters. The firm handles Maryland injury cases arising from auto accidents, premises liability, defective or dangerous pharmaceuticals, negligent companies, medical malpractice, and more. We have recovered significant amounts of compensation for our clients and their families. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney on our team.