Copyright © 2022 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Nobody going to the mall or out running errands expects to get in a car accident, especially not when entering or exiting a parking space. However, parking lot accidents happen more often than motorists may expect, and they can sometimes result in severe physical injuries.
If you were struck by another driver while walking or driving in a parking lot, you could have grounds to file suit for damages. Moreover, it is easier to pursue civil litigation with the assistance of a seasoned car accident attorney. A Lima parking lot accident lawyer could work to ensure your case goes as smoothly as possible and pursue a positive outcome on your behalf.
In the context of establishing civil liability, car accidents that occur in parking lots work similar to the ones that happen on roads. Almost all cases are based on proving negligence, meaning the injured party filing suit—or the Lima parking lot accident attorney representing them—must prove that someone else was legally liable in order to recover compensation from them.
Typically, the liable defendant in a parking lot crash case is another driver, but in certain cases it could be the owner or manager of the parking lot where the crash occurred, or the entity responsible for the lot’s upkeep and maintenance.
Regardless of the defendant, the core requirements of legal negligence are the same: the defendant must have violated a duty of care they owed to the plaintiff by acting recklessly or carelessly, and that breach of duty must have led to the accident in question, which directly caused the plaintiff’s injuries.
According to Ohio Revised Code §2315.33, any plaintiff found to bear a greater amount of liability than the defendant they are suing may be barred completely from civil recovery. Likewise, a plaintiff who bears some lesser degree of liability could have their compensation reduced accordingly based on their specific percentage of fault. Seasoned legal counsel could help a plaintiff fight back against accusations of liability and work to recover as much compensation as possible.
Ohio state law requires every driver to purchase insurance that meets minimum standards for coverage. Specifically, Lima drivers must have $25,000 of coverage per involved person, $50,000 per single accident, and $25,000 for all property damage.
Since Ohio is a fault state when it comes to car insurance, a person injured in a parking lot crash in Lima could hold a responsible party accountable for all resulting damages. If the defendant’s insurance policy does not cover all applicable damages, they could be liable to pay the rest of the damages out of pocket.
A fender-bender in a parking lot may not result in any lasting damages, but in other cases, these seemingly small incidents could lead to huge problems down the road. Increased insurance premiums, medical bills, vehicle repair costs, and other damages can have a tremendous financial impact on someone struck by a negligent driver, not to mention the physical and emotional suffering.
In order to take full advantage of your legal rights, you could utilize a professional legal advisor to help identify and protect them. Speak with a Lima parking lot accident lawyer today to find out what may be possible in your situation.