Parking lots can be chaotic, with vehicles constantly moving and pedestrians walking through tight spaces. Unfortunately, this creates a higher risk of accidents. If you’re struck by a vehicle while walking in a parking lot, the situation can be frightening and confusing. Knowing how to respond in the moments afterward is critical for your well-being. Taking the right steps can help address any immediate injuries and lay the groundwork for holding the driver responsible for their actions.
Immediate Steps to Take After the Accident
After being hit by a vehicle in a parking lot, it’s essential to take immediate action to protect your health and legal rights. Here are some steps to follow:
- Move to safety: If you can, move out of the way of traffic to avoid further harm. Parking lots can remain busy, and getting out of the path of other vehicles is crucial.
- Call 911: Report the accident to the police. An official report is vital for documenting the incident and can be important if you pursue compensation later.
- Seek medical attention: Even if you feel fine, some injuries may not show symptoms right away. A medical evaluation can help detect hidden injuries.
- Gather evidence: Take photos of the accident scene, your injuries, and the vehicle that hit you. Collect the driver’s information and contact details for any witnesses.
- Avoid making statements to the at-fault driver’s insurance: Don’t discuss fault or make statements to the driver’s insurance company until consulting with legal counsel.
Determining Fault in a Parking Lot Accident
Determining fault in a parking lot accident can be challenging because both drivers and pedestrians have responsibilities. However, parking lot pedestrian accidents often occur because drivers fail to yield to pedestrians or disregard posted speed limits. Pedestrians typically have the right of way, especially in crosswalks or designated walking areas. If a driver wasn’t paying attention, was speeding, or didn’t yield, they could be held liable.
On the other hand, pedestrians are expected to remain alert and use designated walkways. If you, as a pedestrian, were distracted, walking outside of marked areas, or suddenly stepped into traffic, you could share some responsibility. In California, even if both parties are partially at fault, you can still seek compensation under the state’s comparative negligence laws, though your recovery may be reduced by the percentage of your fault.
Ultimately, fault is determined by analyzing the circumstances, evidence like video footage, and witness testimony, to assign responsibility fairly.
What to Do if the Driver Flees
If the driver flees after hitting you in a parking lot, it’s important to stay calm and take immediate action. Try to remember details about the vehicle, such as the make, model, color, and license plate number. If possible, ask witnesses for any information they may have noticed and request their contact details. Call 911 immediately to report the hit-and-run to the police, providing them with all the information you gathered. Additionally, check the parking lot for security cameras, which could have captured the accident and help identify the fleeing driver.
Protecting Your Right to Compensation
Protecting your right to compensation after being hit in a parking lot requires taking key steps to ensure your claim is strong. Here’s what you should do:
- Report the accident: Notify the driver’s insurance company, but avoid giving recorded statements or accepting fault. Stick to the facts and avoid making speculative comments.
- Consult with a personal injury attorney: An attorney can handle negotiations with insurance companies and fight for the full compensation you are entitled to.
Contact an Experienced Bay Area Pedestrian Accident Attorney
At Casper, Meadows, Schwartz & Cook, we are dedicated to helping injured pedestrians secure the compensation they deserve. Our experienced team will guide you through every step of the legal process, ensuring your rights are protected. Contact us today for a free consultation, and let us fight for you.