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A parking lot may not seem like a dangerous area, but a pedestrian can get into an accident. Determining who is to blame is not always easy, but it will be the victim’s obligation to do so. It therefore helps to understand the evidence and legal standards that the victim must meet.
Were you hurt as a pedestrian in a parking lot? If so, it’s time to speak with a New York law firm that is committed to helping you recover the most compensation that is available. Talk with Dell & Dean PLLC to explore your legal options.
How Pedestrian Accidents Can Occur in Parking Lots
You might not realize it, but there are potential hazards that await you as a pedestrian in a parking lot. These are a few examples:
- Car accidents: A driver in a parking lot might back up and collide with you, or speed or drive recklessly and cause an accident. The accident could be the sole result of the negligent driver’s actions or could be the result of poor lighting and other unsafe features of the parking lot.
- Slips, trips, and falls: Pedestrians are also injured when they slip or trip and fall in the parking lot. New York is no stranger to inclement weather, for instance, so ice or snow could be the culprit.
- Construction accidents: Sometimes pedestrians are hurt because the parking lot is an active construction site. Here again, it will be important to distinguish between the negligent actions of the construction crew versus those of the parking lot owner.
The Legal Standards You Must Meet
New York accident victims, including pedestrians hurt in parking lots, must prove four elements to win compensation for their injuries. They are:
- Duty of care: They must first show that the person who hurt them owed a duty of care. For instance, drivers owe pedestrians everywhere a duty to safely operate their vehicles and obey traffic laws.
- Breach: A breach of the duty of care occurs when someone acts negligently. Speeding through a parking lot is negligence, as is allowing unsafe conditions in the parking lot that can injure pedestrians.
- Causation: The negligent act must directly cause injury to the pedestrian victim. If someone else intervened and caused injury then it may be more difficult to prove this element.
- Damages: Finally, the injury victim must prove both the nature and the extent of their damages. Among these are medical bills, lost income, and pain and suffering.
The Evidence You Must Present
Since the victim has the burden of proof in a pedestrian accident case, it’s important to retain experienced New York legal counsel who can help you produce the evidence you will need. The evidence may include:
- Accident reports: If you were injured in a parking lot, you should call emergency services and ask law enforcement to visit the scene and generate an accident report. You can also file a report with the owner of the parking lot.
- Eyewitness statements: Any eyewitnesses to your accident can verify how it happened, when it occurred, and who was responsible for it. Be sure to get the names and contact information of any witnesses.
- Pictures and videos: Take pictures and record videos of the accident scene and of your injuries. There may also be surveillance camera footage and other third-party evidence.
- Medical bills: Your medical bills will go a long way in proving the nature of your injuries, as well as future damages you are likely to incur. Examples are future medical bills and decreased earning capacity.
- Income and work statements: Records from your place of employment can substantiate how much money you lose because of your injuries. Your employer can also document work-related limitations and other matters that relate to decreased earning capacity.
- Cell phone records: Some drivers hit pedestrians because they were distracted, and a major source of distracted driving is cell phone use. Your New York personal injury attorney can help you subpoena phone records which may help your case.
- Expert witness testimony: An expert witness is someone who can explain complex subjects to court, such as how accidents happened or the victim’s likely future medical needs. Your attorney will advise as to whether expert witness testimony can help.
Trusted Legal Guidance For Pedestrian Accident Victims
If you’re a pedestrian accident victim, you can expect significant medical bills and other losses for which you should not be responsible. We can help you hold the at-fault party liable for your injuries. Reach out to Dell & Dean PLLC to get started.
