Shopping malls and retail centers attract thousands of visitors daily, leading to congested parking lots and an increased risk of accidents. Crashes in these lots can seriously injure drivers, passengers, and pedestrians. They also raise complex questions about premises liability and insurance coverage.
Common Causes of Parking Lot Accidents
Parking lot collisions often stem from negligent behavior and hazardous property conditions. Some frequent causes include:
- Distracted driving, such as texting or adjusting the radio
- Speeding or reckless driving, especially when competing for parking spots
- Failing to obey traffic signs and patterns within the lot
- Backing out of spaces without checking for pedestrians or oncoming vehicles
- Parking too close to other vehicles, limiting visibility and maneuverability
- Inadequate parking lot maintenance, such as potholes, cracked pavement, or faded markings
- Insufficient lighting or security that makes it difficult to see hazards and increases the risk of crime
These factors can contribute to parking lot accidents, including rear-end collisions, sideswipes, backup accidents, and pedestrian strikes. While many people assume parking lot crashes occur at low speeds and cause only minor damage, they can inflict severe and potentially life-altering injuries like:
- Whiplash and other neck and back injuries
- Concussions and traumatic brain injuries (TBIs)
- Facial lacerations and dental trauma
- Fractured bones and joint dislocations
- Shoulder, arm, and hand injuries
- Leg, knee, and foot injuries
- Crushed or amputated limbs
- Spinal cord injuries and paralysis
Determining Liability in Parking Lot Accidents
Pursuing compensation after a parking lot accident can be challenging, as liability often rests with multiple parties. Depending on the circumstances, responsibility may lie with:
- The driver who caused the crash
- The parking lot owner
- A third party, such as a vehicle manufacturer or construction company
In many cases, the careless driver bears primary fault for the collision. All motorists have a duty to operate their vehicles safely and responsibly, even in parking lots. This includes obeying posted speed limits and stop signs, yielding to pedestrians, signaling turns, and exercising caution when backing out of spaces.
In Illinois, property owners are legally obligated to maintain reasonably safe premises for visitors, including parking areas. They must regularly inspect the lot for potential hazards, perform necessary repairs and maintenance, and provide adequate lighting and security. If a parking lot owner knew of or should have discovered a dangerous condition and failed to address it promptly, they can be liable for accidents that occur as a result.
In some parking lot accident cases, a third party may be fully or partially responsible. For example, if a vehicle malfunction, like sudden unintended acceleration or brake failure, causes a driver to lose control and collide with another car or pedestrian, the vehicle manufacturer may be liable for designing or producing a defective product. Or, if a construction company left debris or equipment in the lot that obstructed visibility or created a hazard, the company could share fault for a resulting crash.
Establishing Fault and Liability
To obtain compensation following a parking lot accident, you must establish that another party’s wrongdoing led to your injuries. An adept parking lot accident attorney can collect evidence to substantiate your claim, such as:
- Photos of the accident scene, property damage, and injuries
- Security camera or dashcam footage
- Police accident reports
- Witness statements
- Medical records
- Proof of lost wages
- Testimony from accident reconstruction experts
Your lawyer will also investigate the parking lot’s condition, examining factors like lighting, pavement quality, signage, and traffic patterns. If the property owner’s carelessness contributed to the accident, your attorney may gather maintenance records, prior complaints, and evidence of building code violations to establish liability.
Skilled Advocacy for Parking Lot Accident Victims
If you suffered injuries in a parking lot crash at a shopping mall, retail center, or another commercial property in the Northbrook area, contact Stein & Shulman, LLC today for a free consultation. Our knowledgeable Northbrook premises liability lawyers will listen to your story, thoroughly explain your rights, and fight tirelessly to pursue the maximum compensation you need to aid in your recovery.
