Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.
A Maryland parking lot car accident is a frustrating experience. A parking lot accident is always unexpected and inconvenient, whether in a shopping center, office complex, or residential area. While one might expect a parking lot accident to occur at relatively lower speeds, they can still cause significant damage and injuries. Many parking lots have tight spaces and windy turns. Sometimes, drivers are impatient or looking to get to a meeting quickly. Thus, they may speed down the ramp, resulting in a head-on collision. A head-on accident of any kind can cause severe injury. Understanding the common causes of these accidents, the types of injuries that can occur, and the specific laws governing parking lot accidents in Maryland is crucial for anyone involved in this type of accident.
An experienced accident attorney at Gelb & Gelb can help you establish liability against the defendant and protect your legal right to compensation. These claims can be complex. For example, a car may back into you when you are parked and thus not moving. Based on the property damage alone, it appears as though you rear-ended them. But you know that the other driver caused the accident. How do you prove that at trial? Below, we discuss the steps after an accident, including retaining legal counsel. Our attorneys will fight tirelessly to get you the compensation you deserve. Moreover, we will spearhead any investigation necessary to uncover important evidence for your case.
Our attorneys have been handling car accident cases in Maryland for over 70 years. In our experience, many claimants choose not to pursue Maryland parking lot car accidents because they do not believe the case has value. A general rule of thumb for whether your case has value, assuming the liability is solid, is to look at the property damage to your vehicle and your injuries. If you have only very minor scratches and no dents in your car, there is little evidence that the accident was serious. On the other hand, if your car is mangled from the accident, then the fact that the accident occurred in a parking lot is irrelevant.
Aggressive behavior by drivers exists everywhere on the road, and a parking lot is no exception. Unfortunately, people tend to be far more assertive in the perceived safety of their vehicles. This leads to yelling and honking, particularly in parking lots. This may be over the fight for the last parking space or if one driver feels the other cut him off. Whatever the reason, aggressive behavior seems to exist in nearly every Maryland parking lot. Accordingly, being weary of other drivers’ aggression is critical as it frequently leads to accidents. Of course, if it is not an accident but an intentional battery by the other driver, while your injury may be worth more, there is a debate as to whether auto insurance will cover your injuries.
Aggressive behavior in a Maryland parking lot may include speeding through parking lanes, ignoring right-of-way rules, and cutting people off to get a parking spot. Of course, doing any of these things, let alone all three, will increase the probability of a wreck.
One cannot speak on Maryland parking lot car accidents without considering pedestrians. Whether a child or adult, pedestrians in parking lots can be unpredictable. They rarely stay within the crosswalk. And it is hard to blame them as crosswalks rarely efficiently lead between stores and parked cars. While a pedestrian may be at fault for a parking lot car accident, it is unlikely. There is the doctrine of contributory negligence, which applies to all personal injury claims in Maryland. However, some exceptions would exonerate most pedestrians in this type of case. For example, a pedestrian may technically be negligent for walking outside the crosswalk. However, a driver who has the last clear chance to avoid the accident and fails to do so may be found liable for any damages.
Of course, if a pedestrian does step in front of your car, and there is no reasonable opportunity to stop before hitting that pedestrian, you may not be liable for the pedestrian’s injuries. But note that a jury will not likely favor you in this scenario. A dash camera helps in these cases to exonerate a driver and make a claim for the pedestrian’s actions.
We have already discussed the exceptions that apply to pedestrians involved in Maryland parking lot car accidents. Regarding standard car accidents, whether we can establish liability depends on the evidence available to us. Much of this part of your case does depend on the information you can gather at the accident scene. While our attorneys will commence a full-fledged investigation to gather as much evidence as possible, it is always paramount for you to exchange information at the accident scene. For one, this is a requirement under Maryland law. For another, if you fail to do so for whatever reason, your insurer may deny coverage for an uninsured motorist claim if you did not make a good faith effort to obtain information from the adverse driver.
While the shopping center or parking lot owner may have security cameras that can assist in collecting information, this is rare, inefficient, and ineffectual. Remember, as the plaintiff, we have a duty to establish each element of negligence by a preponderance of the evidence. In general, this means the more evidence we have, the better. We always advise clients to take photographs at the accident scene. Take pictures of the damage to your car, of the other car, and any street signs that may stand out to you, such as a “do not enter” sign, etc. Further, if the adverse driver is combative and refuses to provide information, take a picture of their license plate.
While this does not guarantee that we will find insurance coverage, we can at least determine who owns the vehicle. If the car has been reported stolen, as is sometimes the case, you will have to make an uninsured motorist claim under your policy. When this happens, your rates will not increase if the accident is not your fault.
We calculate compensation in a Maryland parking lot car accident based on a few categories of factors. First, do we have sufficient evidence to clearly establish liability? If liability is not an issue, we have leverage during a settlement negotiation. Then, we consider your financial costs from the accident. Remember that we are not considering the financial cost of your property damage to your vehicle, as that is technically a separate claim. When we communicate with the insurer, they have two adjusters. One is for your property damage, and one is for your bodily injury. Instead, we consider medical expenses and lost wages, both past and future. Those are your economic damages.
Then, we calculate how much you are entitled to for having to undergo the physical and emotional pain you endured. Note that we must prove that you have suffered these pains. This requires an examination of your medical records and possibly testimony from your physician.
A Maryland parking lot car accident can be a complex and stressful process. Do not navigate this process alone.
Call our office today for a free consultation and case evaluation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.