Do I Need a Lawyer for a Car Accident in Aéropostale’s Parking Lot

More often than not, parking lot accidents result in minor property damage and no bodily injuries. Therefore, you likely do not need to hire a personal injury attorney in such cases. However, you may face some pushback from the insurance company, and if you feel you are mistreated, you may benefit from consulting with a lawyer. Even a minor fender bender can result in a painful injury, and speaking with a car accident attorney can help you better understand your legal options for recovering compensation. Aeropostale’s parking lot is private property, but you still have the right to sue the responsible party if you suffered significant damages.

What Are the Common Reasons for Car Accidents in a Parking Lot?

Parking lot accidents can occur in many ways, depending on many factors. Because drivers typically move at a slower pace in parking lots, they often feel safe diverting their attention somewhere other than the road. However, any time you are behind the wheel of a vehicle, remaining alert and aware of your surroundings is vital. This is particularly true of a crowded parking lot where you may see heavy foot traffic and cars moving in and out of parking spots. Some common reasons for car accidents in a parking lot include:

• Vehicles collide when trying to get the same parking spot. Aeropostale has busy days and seasons like any other retail store. Imagine the parking lot on Black Friday, a holiday shopping tradition treated much like a competitive sport. Parking lots are often full, and drivers rush to grab vacant spots. 
• Hitting a parked car. This is the most frequent cause of parking lot accidents. The damages are typically minor, but it can be frustrating when the at-fault party runs without looking for the driver or leaving their contact information.
• Hitting a car while leaving a parking space. Blind spots are typically to blame for backing up collisions. However, sometimes the driver is negligent and does not check for other vehicles or pedestrians.
• Two cars backing out of spaces hit one another. Again, this commonly happens when drivers do not adequately check the area before reversing. 

Regardless of the type of accident, the at-fault party is still financially responsible for the damages incurred.

How Do You Determine Fault in a Parking Lot Car Accident?

In the examples mentioned above of common car accidents in parking lots, the person at fault is often straightforward. Most rely on the rules of right-of-way. For example, you are likely at fault if you hit a moving car while exiting a parking space because the moving car had the right-of-way. If someone hits your parked car while you are inside the store, that person is responsible for the accident.

Third-Party Liability 

Sometimes a third party contributes to the circumstances leading to a car accident. For example:

• If a poorly designed and constructed parking lot creates risks, the party that developed the lot may be responsible for any resulting accidents. 
• Pedestrians can act negligently and cause a car accident. For example, suppose a parent allows their child to run through the lot unattended, and a driver swerves to miss the child, hitting another vehicle. In that case, that child’s parent will likely bear some responsibility for the accident.
• If the property owner fails to maintain safe conditions in the parking lot properly, they are responsible if those hazards contribute to an accident.

The property owner of the Aeropostale store also owns the parking lot. Therefore, they owe a duty of care to anyone that enters the lot. This means they should fix cracked or uneven pavement and remove snow and ice accumulation after inclement weather. If you suffered an injury because of third-party negligence, the details of your accident could be significantly more complex, and you may benefit from contacting a car accident attorney.

Shared Responsibility

The example of two cars colliding while competing for a parking space is slightly more complex. Both drivers would likely be at fault. However, they may not share fault equally. In this case, the rule of comparative negligence applies. It states that your percentage of responsibility for the accident is deducted from the compensation awarded. Therefore, if you filed a lawsuit against the other driver, you may still recover some compensation for your damages under the comparative negligence rule.

In states that abide by the modified comparative negligence rule, you need to be less than 50% responsible to be eligible for compensation. In states following the pure comparative negligence rule, you can be as much as 99% liable and still recover compensation. You just cannot be solely at fault for the accident.

Can a Lawyer Help You Receive Higher Compensation?

If you suffered an injury in a parking lot accident at Aeropostale, you may be entitled to more compensation than you realize. The value of your claim comes from the total of your losses. Some of those losses are obvious, but you may have damages you would never assume were compensatory without advice from an experienced car accident attorney. In that way, a lawyer could help you receive higher compensation. Additionally, insurance companies sometimes use bad faith tactics to undervalue claims and avoid making a fair payout. If you hire a lawyer to represent you in negotiations with the adjuster, you avoid those unsavory interactions, and insurers often behave more professionally when dealing with an attorney.

Possible Recoverable Damages

What are the potential damages from a car accident? Even a minor fender bender accident can result in injury. For example, the impact could cause whiplash, which is small tears to the soft tissue of the neck that result in prolonged pain and discomfort. If you suffered an injury in your accident, you could file a personal injury lawsuit and claim compensatory damages.

Compensatory damages include the economic and non-economic losses you suffered due to your injuries. Some examples include:

• Any costs related to medical treatment, such as medications, doctor and hospital visits, and continued care expenses
• Lost income if your injuries result in missed work and continued missed work
• Lost income caused by an inability to do the job that you did before the accident
• Cost of damaged property, such as the repair of your vehicle
• Pain and suffering 
• Loss of the ability to enjoy life

If any of these losses apply to your case, you would likely benefit from reaching out to a car accident attorney to help you adequately value your claim. Non-economic damages, such as pain and suffering, are sometimes difficult to properly value, but an attorney has the advantage of experience with similar cases to help them monetize the more subjective damages.

When Should You Reach Out to an Attorney?

If you suffered an injury during a car accident in an Aeropostale parking lot, you may benefit from speaking with a car accident lawyer. In your risk-free, initial evaluation, an attorney can help you better understand your rights and how negligence relates to your case. At Fielding Law, our auto accident attorneys have experience helping car accident victims get the help they need and the compensation they deserve. Our team will represent you aggressively and support you compassionately. If the insurance company does not cooperate during negotiations, we will not hesitate to take your case to trial. We prioritize your success above all else. Contact Fielding Law today and schedule your free consultation.

Sources:

https://www.crittendenlawoffice.com/blog/2020/september/parking-lot-accidents-and-private-property/