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Parking lot accidents often result only in minor property damage, but they can lead to serious bodily injuries if a driver strikes a pedestrian. To avoid these situations, drivers must follow the same traffic rules in parking lots that they follow on roadways as well as any signs that direct drivers through the lot. When someone fails to observe these rules, they may be found legally negligent in the same way they would elsewhere.

If you were involved in a collision in a parking lot, a compassionate attorney may be able to help. A Cary parking lot accident lawyer could represent you both in and out of court and work with you to pursue compensation for your injuries and losses.

Negligence in Parking Lot Crash Claims

Both drivers and pedestrians have a reasonable duty to pay attention and watch for unsafe situations while commuting to avoid causing harm to others. When either party is negligent in that duty, they could be responsible for any accidents that result.

Legal negligence consists of four elements that an injured party must prove to hold another party liable for any costs that result from an accident they caused. These elements are as follows:

  • The responsible party owed a legal duty of care to the injured party
  • The responsible party breached that legal duty of care
  • The breach in duty proximately caused the accident
  • As a result of the crash, the victim suffered injuries

Demonstrating all these elements can be difficult without help from a legal professional. A Cary parking lot accident attorney could help collect the necessary evidence to prove negligence and represent the interests of an injured party in holding negligent parties accountable for their misdeeds.

Applying Contributory Negligence to Collision Cases

In some cases, both parties to an accident may share some fault or negligence. For example, if pedestrians are paying attention to their phone rather than their surroundings while walking through a parking lot, they may not be aware of a speeding car coming toward them. As a result, both the pedestrian and the driver may bear some responsibility for a resulting accident.

Under the principles of contributory negligence, if injured victims partially contribute to the cause of their losses, they may not recover any damages, even if the other party bore far more responsibility. While some exceptions and factors may mitigate this outcome, contributory negligence can have an unforgiving impact on the injured party, which may necessitate the advice of a parking lot collision lawyer in Cary.

One potential exception to contributory negligence is the “last clear chance” doctrine. Under this legal argument, if a partially liable plaintiff can establish that the defendant involved in the accident had the reasonable opportunity to prevent injury but failed to do so, they may still be able to collect compensation. This exception allows an injured claimant to obtain damages regardless of their assigned percentage of fault.

Consult a Cary Parking Lot Accident Attorney

If you have suffered severe injuries in a parking lot accident, you may be entitled to recover compensation for your property damage and your injuries. However, liability in parking lot cases can be complex, so obtaining legal advice may be crucial.

A Cary parking lot accident lawyer could give you the legal guidance you may need and can help you determine whether you have a viable legal claim for damages that can help you reach a stable level of recovery and return to your life before the accident. Reach out for a consultation to get started on your case.