Can I Sue After Being Injured in a Parking Lot Accident?

 Posted on November 27,2020 in Car Accidents

When most people think about car accidents, they picture accidents that occur on highways and roads. However, many car accidents occur in parking lots. Motorists in parking lots are often traveling at lower speeds than they would on the road, but serious and even deadly parking lot accidents still occur. If you or a loved one were hurt in a parking lot accident, you may be eligible for compensation through a personal injury claim.

Liability for a Parking Lot Collision

A parking lot accident can leave an injured person with expensive medical bills, vehicle damage, and other costs. Before you can seek compensation for a parking lot accident, you and your attorney will need to establish how the accident occurred and who is at fault. Liability for a parking lot accident claim can fall to a number of parties. Often, another driver is at fault. However, if the parking lot accident was caused or exacerbated by defects with the parking lot itself, the owner of the parking lot may also be liable. It is also possible that the injured person shares fault for the accident. Fortunately, Illinois is modified comparative negligence state. This means that you may still be entitled to compensation for an accident even if you contributed to the accident. As long as you are not more than 51 percent at fault, you may still be able to recover partial damages.

Proving the Elements Needed to Win Your Claim

There are four main elements in a parking lot accident claim. First is that the defendant owed a duty of care. All drivers have a duty to watch out for pedestrians, yield the right-of-way when appropriate, and drive in a safe, responsible manner. The second element is the breach of duty. Next is causation. You and your attorney will need to show that the defendant’s actions caused your injuries. Finally, you will need to show that you sustained damages. Damages may include vehicle damage, medical bills, lost income from missed work, and more. Evidence such as security camera footage, police reports, eyewitness statements, and medical records are often used to establish each of these elements in a personal injury claim.

Contact a Waukegan Parking Lot Accident Lawyer

If you or a loved one were hurt in a parking lot accident, contact a Lake County personal injury attorney from Salvi & Maher, L.L.C. Our team can help you determine the liable party and seek the compensation you need to cover the costs incurred by the accident. Call our office at 847-662-3303 today and schedule your free consultation.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf