How Are Parking Lot Car Accident Claims Handled in NC?

Most parking lot car accident claims go through the insurance system. The drivers file claims with their insurers, who then investigate to determine liability and negotiate to settle the case. The claim is resolved when the liable party’s insurer pays the injured party, whether through a settlement or verdict from the court.

If you were involved in a collision with another vehicle in a parking lot in North Carolina, this is the basic process you’ll go through to pursue compensation from the driver at fault for your injury or vehicle damage. Hiring experienced legal representation can help protect your rights and interests during a parking lot accident claim – especially when dealing with insurance companies focused on protecting their bottom line rather than compensating you for your losses.

What Are Common Causes of Parking Lot Accidents?

Even though vehicles typically travel at low speeds in parking lots and garages, careless or reckless driving can still lead to collisions between vehicles or with pedestrians. Some of the top causes of parking lot accidents include:

• Speeding
• Tailgating, or following too closely
• Failing to stop at stop signs
• Driving the wrong way
• Backing up without looking behind
• Pulling forward through a parking space
• Driving while distracted, including while using a cell phone
• Failing to yield the right of way
• Not signaling before turning
• Swerving around stopped vehicles
• Unsafe or confusing parking lot designs
• Inadequate or broken lighting
• Potholes
• Missing signs or pavement markings
• Bad weather conditions
• Pedestrians walking outside of designated crosswalks
• Driving while under the influence of alcohol or drugs
• Unattended shopping carts

What Different Types of Accidents Happen in Parking Lots?

The close quarters of a parking lot or parking garage can lead to various types of collisions. Common kinds of car accidents that happen in parking lots include:

• Rear-end collisions caused by tailgating or suddenly slamming on the brakes
• Head-on collisions when vehicles travel the wrong way down parking lot rows or swerve around stopped vehicles
• Sideswipe collisions, such as when drivers try to park too close to another vehicle
• T-bone collisions when a car backs out of a parking spot into another vehicle passing behind
• Pedestrian accidents, whether caused by a negligent driver or pedestrian

Who Can Be Held Liable in a North Carolina Parking Lot Accident?

Several different parties may be liable for a parking lot accident under certain circumstances.

Another Driver

In most cases, a negligent driver will be responsible for losses resulting from a collision in a parking lot or garage. When a motorist causes a parking lot accident, their insurance company typically pays people who suffer injuries and property damage for their financial and personal losses.

Parking Lot Owner

A parking lot accident may occur due to a dangerous design of the lot or garage, such as inadequate lighting or objects blocking a driver’s view. Accidents can also occur due to hazardous conditions that result from negligent lot maintenance. In those cases, the parking lot or garage owner may bear some responsibility for a crash due to dangerous property conditions.

Driver’s Employer

In some cases, an at-fault driver’s employer may bear liability for a parking lot accident during the driver’s job, such as a delivery driver pulling into a parking lot to make a stop.

Vehicle’s Owner

In certain circumstances, a vehicle owner may be liable for a parking lot accident. The owner’s negligent maintenance can contribute to a crash, such as when a vehicle owner fails to repair broken reverse lights and other drivers have no warning when the vehicle backs up out of a parking spot.

Vehicle Manufacturer

A vehicle manufacturer may also bear responsibility for a parking lot crash due to a design or manufacturing defect in the vehicle. For example, defective vehicle lights or a malfunctioning cross-traffic alert system may fail to warn a driver of vehicles or pedestrians behind their car.

How Do I Prove Who Is Responsible for the Accident?

Holding someone responsible for causing a parking lot accident will require substantial evidence to prove what happened in the crash and identify who is at fault. Examples of evidence you might use to prove liability for your injuries and losses from an accident in a parking lot include:

• Police crash reports
• Eyewitness testimony
• Surveillance or dashcam footage
• Vehicle event data recorder (“black box”) logs
• Drivers’ cell phone records
• Vehicle maintenance and repair records
• Post-accident vehicle inspections
• Accident reconstruction expert reports and testimony

This evidence can help determine whether a parking lot accident occurred due to a driver’s negligent operation, a mechanical issue in a vehicle, or a dangerous parking lot or garage condition that made it unsafe for drivers.

What Should I Do If I Am Involved in a Parking Lot Accident?

When you’ve been in a car crash in a parking lot in North Carolina, taking prompt action can protect your rights to seek financial compensation for losses you suffered in the collision. Things you should do after a parking lot accident include:

• Report the accident to law enforcement and request a copy of the police report if an officer responds to the scene.
• Document the scene by taking photos and videos of anything that may be relevant.
• Notify the parking lot owner or management company about the accident.
• Seek immediate medical attention to get checked for injuries. Even a low-speed collision can cause chronic injuries like whiplash, nerve damage, or herniated spinal disc injuries.
• Follow your doctor’s recommendations and instructions for treatment and recovery.
• Request copies of your medical treatment and rehabilitation records.
• Keep all bills, invoices, and receipts for expenses arising from the accident, including medical treatment and vehicle repairs.
• Gather your pay stubs to show lost income from missed work.

Finally, contact a personal injury attorney as soon as possible to pursue a parking lot car accident claim with the insurance companies. A lawyer can manage your claims process and protect your rights and interests when dealing with liable drivers and insurers.

Contact a North Carolina Car Accident Lawyer

After a parking lot accident in North Carolina, you deserve experienced legal advocacy that will aggressively pursue financial compensation for your injuries. Contact The Law Offices of John Drew Warlick, P.A. today for a free consultation from a North Carolina car accident attorney to discuss your options for pursuing a parking lot accident claim.

With three generations of attorneys, we have been serving injury victims in North Carolina for decades, allowing us to secure millions on their behalf. Our clients praise our knowledge, professionalism, and assertiveness that get them results that matter. Reach out today to find out how we can help you, too.

Visit Our North Carolina Car Accident Law Offices