Recently in auto accidents Category

December 18, 2014

RI Lawmakers Look to Crackdown on Uninsured Drivers

Welcome news this morning as I was reading the Turn to 10 webpage. It appears that RI Lawmakers have put in place mechanisms to check and ensure that Rhode Island drivers have active automobile insurance coverage. Failure to maintain active auto insurance can result in suspension of your driver's license. A link to the story can be found here.

This is certainly welcome news since 1 in 5 vehicles on the road in Rhode Island is currently uninsured. Every week I have to give the extremely upsetting news to a car accident client that the at fault driver did not have auto insurance at the time of the accident. That means that despite thousands of dollars in vehicle damage and serious bodily injury, the at fault driver will not be able to compensate the victim. Luckily, on many occasions my clients have uninsured motorist coverage on their policy and they are able to receive compensation through their own insurance company. Many clients, however, do not have this coverage and are out of luck.

Theoretically, you can sue the at fault driver for damages with or without insurance. Unfortunately, this is a time consuming and complex process. There are also quite a few costs associated with a lawsuit. Drivers who do not possess auto insurance on their vehicle are also very unlikely to have any money or assets since a person of wealth would never risk driving their vehicle without insurance. So, you have a time consuming and complex lawsuit against a defendant with no money. That is why a personal injury attorney is unlikely to help you if there is no insurance.

One thing you can do to avoid being in this position is to call your insurance company or agent and make certain that you have uninsured motorist on your policy for BOTH property damage and personal injury. You may be very surprised to see that this can cost as little as $100/year. While uninsured motorist is not required by law in the State of Rhode Island, an extra $100/year might just save you tens of thousands of dollars in unpaid property damage, medical bills and lost wages.

That said, it is good to see Rhode Island taking proactive steps to reduce the number of uninsured motorists on the road. Other states also have similar programs. In some states the insurance company is required to notify the DMV when a policy is cancelled, not renewed, etc. The DMV will investigate and if the person does not have a policy with a different company, the license will be suspended.

License suspension is a much more serious harm than the $500 fine currently given to those in Rhode Island caught driving without insurance. If you are caught driving on a suspended license, you will be arrested! It is a misdemeanor. Furthermore, Rhode Island does not have any hardship provision for license suspensions. It does not matter to a Judge in RI if you have four kids and drive 100 miles a day to work. No matter what, your license will remain suspended. The threat of a night in jail and criminal record is much more scary than a fine and I hope it will be enough to encourage more people to drive with proper auto insurance on their vehicle.

We should continue to encourage our lawmakers to push for better laws and stricter punishments against uninsured drivers. Their negligence can destroy lives without the means to help put the pieces back together.

November 5, 2014

Mental Anguish and Panic Attacks Following an Auto Accident

Ive recently become involved in an interesting auto accident case and I thought it might be informative to others out there having a similar experience. My client has been experiencing frequent panic attacks and mental anguish following an automobile accident. While insurance companies, and even juries to some extent, are able to quantify damages for broken arms and/or legs, they are much less equipped to quantify damages for mental anxiety and suffering. The relative lack of these types of cases can make them difficult to settle and make determining a value difficult.

To anyone who has ever experienced a panic attack, I empathize. I understand that many people would rather have a broken arm or leg than live through five minutes of a full blown panic attack. Anything can bring on these attacks and for some it is difficult to even get in a car again or drive down the same street where the accident occurred. Because panic attacks are unpredictable, it does not require an extremely serious or traumatic accident. Even a moderate impact can have devastating results. Sometimes the auto accident is the last straw in an otherwise stressful life - work, kids, bills and life are sometimes enough to deal with before an accident occurs and your car is destroyed, you are unable to work and your life is flipped upside down.

Rest assured, that while difficult to monetize, these claims have merit. Like any other injury suffered in an accident, the claim has to be supported by medical evidence. This means that a therapist, psychologist or social worker has to actively treat your condition, much like an orthopedist would mend your broken leg. With a proper diagnosis and treatment these cases can be handled if your personal injury attorney is experienced with dealing with such circumstances.

If your injuries are more than just physical in nature, contact our office for a free consultation and we will discuss your options and rights. Be certain, these cases can be complex and it is important that you speak to an experienced auto accident attorney.

October 6, 2014

In an Auto Accident and the Other Driver Takes Off?

I've written about hit and run accidents on this blog in the past, but it still seems to come up quite a bit so I thought it merited another post. What are your rights and what can you do if someone causes an accident injuring you and damaging your car and then takes off? Hit and run accidents, unfortunately, are quite common especially in Providence. There are a number of reasons why someone might take off after causing an accident such as:

  • He or she has an outstanding arrest warrant;
  • He or she does not have a license and/or insurance;
  • They are drunk or on drugs;
  • And sometimes, he or she is just a jerk who thinks they can get away with it.
If a driver flees the scene, all is not lost. While many police departments do very little in their "hit and run" departments, our law office may be able to identify the driver if you have a license plate. The RI DMV allows access to insurance and registration information if you have a plate of the hit and run vehicle. If you were unable to obtain a license plate, you may still be protected.

Depending on your insurance coverages you may be fully protected and able to obtain compensation for damages to your car, a rental vehicle, and a personal injury claim including medical bills and lost wages. Many people have uninsured motorist coverage on their auto policy and do not even know it. This coverage means that your insurance company will take the place of the insurance company that the at-fault driver should have had if they did not flee the scene. Bear in mind that uninsured motorist coverage is very affordable, so if you do not currently have it on your policy, get it! You never know when you might need it.

The point of this post is to remind you that if you are struck by a hit and run driver, you still have many options not only for your vehicle but also for your personal injuries. Contact our office for a free consultation and we will search high and low to find coverage for your losses.

July 17, 2014

Lawsuit Filed for Woman Badly Injured on a Party Bus

Party buses and vans have grown increasingly in popularity for over a decade now taking business away from standard limousines for group functions. Bachelor, bachelorette parties and other group outings often rent a party bus for the evening. In one regard, it is much safer because it hires a designated driver for people who know they will be drinking. On the other hand, the lack of standard seating and the impetus to dance and walk around the party bus can make them dangerous even without an accident occurring.

One such company out of California which has rooftop access has been sued by a woman who claims she was struck by an overhanging tree branch causing significant injury to her face. The lawsuit claims that the company failed to monitor the overpass clearance for patrons standing and partying on the rooftop. The poor woman who was visiting New York at the time of the accident suffered a fracture of her orbital socket and numerous other facial injuries. Shockingly, this horrific accident came only one week after a young man was killed while riding on the top level of a party bus. In that case the poor victim struck a concrete overpass. This demonstrates disregard for patron safety, lack of awareness of safe and proper routes, and poor training for the bus operators. It is also important to note in this case that no warnings of any kind were given to the patrons.

Operators of sightseeing and party buses, particularly those with upper level access, have to apply strict safety standards even if it is contradictory to their intended purpose of fun.

July 3, 2014

GM Creating Compensation Fund for Car Accidents in Recalled Vehicles

Not dissimilar to the asbestos trust created for victims of asbestos related diseases, GM is now creating a fund to pay out claims stemming from auto accidents in recalled vehicles. GM has indicated, rightly so, that it will not matter if the accident occurred before or after the safety recall so long as it can be proven that a defect caused or contributed to the injury sustained.

GM has been hit very hard with safety recalls in the past year with over 20 million cars affected by some form of recall. This compensation fund is intended to directly address the 2.6 million defective small cars with faulty air bag switches. GM has come under very heavy criticism regarding these defects which they allegedly knew about for over 11 years without taking proper action. GM is offering settlements based on the severity of injury if the air bag's failure to deploy caused or contributed to the victims injury. Wrongful death claims will be compensated by at least 1 million dollars.

Creation of a fund like this does not limit a persons civil right to bring a product liability claims but it creates a means for settlement while limiting the extensive costs of a product liability claim. If you or someone you know was injured in an automobile accident with a GM vehicle and the airbag either failed to delpoy or improperly deployed, contact our office right away for a free consultation.

May 14, 2014

Risks and Dangers of Driving While Pregnant

A fascinating study released this week from a Canadian research team suggests that pregnant women, particularly those in their second trimester have a much higher likelihood of being involved in auto accidents. In fact, the numbers are close to women who suffer from sleep apnea. There is no clear indication as to the cause of the spike in auto accidents for women during the second trimester, but it is suggested that increased hormones may be causing distraction or fatigue which results in car accidents.

Anytime a woman is involved in an auto accident while pregnant it is very serious. The babies safety is paramount and hospitals will generally place the expectant mother on a fetal monitoring machine for 24 hours to ensure no harm to the baby. Expectant mothers are limited to what prescriptions they can take and often have to endure tremendous amounts of pain and discomfort following an accident because they can take nothing more than tylenol.

Our office has represented many pregnant women who were injured in car accidents. Some of the more serious cases require emergency Caesarean section delivery of the baby and in some cases the unborn child has also been harmed. These can be immensely complex and serious personal injury cases and requires an experienced personal injury attorney.

May 4, 2013

Bus Accident at Kennedy Plaza and Settling Claims with RIPTA

The Providence Journal is reporting a relatively serious bus accident which occurred between two RIPTA buses at the terminal in Kennedy Plaza, Providence. There is not a tremendous amount of information available yet about how such an accident between two buses occurred, but pictures included in the report show pretty significant damage. At least five injuries are being reported but there may be many more. If you were among those injured in this bus accident at Kennedy Plaza on May 3 it is important to speak to an experienced personal injury attorney right away.

RIPTA is a self insured agency. That means that claims for personal injury will go directly through RIPTA and not an insurance company. RIPTA has a claims department dedicated to handling accident cases. Their claims department, however, is notoriously difficult to deal with. They often delay decisions and settlement offers, make questionable liability decisions, and make low offers for settlement. If you are involved in a case against RIPTA, it is imperative to speak with a car accident attorney experienced with settling claims against RIPTA.

The good news is that liability is often not an issue for passengers on the bus. Since you are riding on their bus, you can not be held responsible for the negligent actions of the driver. If the accident includes collision with another vehicle, you will be able to collect damages regardless of which driver is responsible. Even if there is joint negligence between the two drivers, you will be able to collect from one, the other, or both drivers. Those involved in a bus accident are entitled to compensation for medical bills, lost wages and pain and suffering.

If you have been injured in this May 3 bus accident at Kennedy Plaza, Providence, or any other accident involving a RIPTA bus, contact our office right away for a free consultation. There is never any fee unless I receive compensation for your damages. Don't take a risk with your rights by trying to deal with the RIPTA claims department directly.

April 10, 2013

Distracted Driving is the Greatest Threat on the Road

A new study suggests that more than texting and even more than drunk driving, that distracted driving is the greatest danger on the road. A study from the Erie Insurance Group concluded that it is actually five times more dangerous to drive distracted (daydreaming) than it is to drive while texting or talking on the phone. In fact, it may be the leading cause of fatal auto accidents throughout the country.

Cars continue to increase safety measures but no amount of technology or airbags can prevent bad drivers from causing injury. Driving comes so naturally to us that we take for granted that we are driving a 3000 pound piece of metal at 60+ miles per hour. When we take our obligations for granted, by texting, drinking and driving, or simply not paying attention, we invite disaster. A nationwide review of 65,000 fatal auto accidents across the country in the past few years showed that at least ten percent of those accidents fell into the distracted driver category.

Surveys of accidents caused by distracted drivers indicate that a great many of those drivers were simply "lost in thought". To my knowledge, few surveys such as this have looked solely at daydreaming as a cause of auto accidents. New safety mechanisms such as lane departure warnings and proximity alarms are audible alerts to notify the driver that something is wrong. Car companies are aware that many accidents may be avoidable if the driver is paying attention to the potential danger. Audible alerts or seats or steering wheels that shake to alert the driver will likely become increasingly common.

Distracted driving is anything that takes our eyes or attention off the road. This could be texting, playing with the radio, reading, putting on makeup, etc. And as this study shows, distracted driving may simply include "being lost in thought".

Continue reading "Distracted Driving is the Greatest Threat on the Road" »

April 1, 2013

What happens if you are Uninsured but NOT responsible for an accident

An interesting situation arises when a person is driving without insurance (a mistake, and in Rhode Island, illegal) and gets into a car accident, but is not at fault for the accident. For example, you are driving an uninsured vehicle but are rear-ended by another driver while you are waiting at a red light. Who is at fault in this situation?

I receive a lot of questions about this scenario and I can see why it might be confusing. It could be argued that it is negligent to drive a car without insurance. It can also be argued that since driving without insurance is a violation of Rhode Island law, the driver should not have been on the road when the accident occurred. While these are both valid points, they actually have no bearing on determining auto accident liability.

A lack of insurance, or license and registration for that matter, is not enough to impose liability for an auto accident on a person. The rules of the road still apply and are the only factors considered in determining who is at fault for the accident. In the example above of a rear-end accident, you would hold 0% liability for the accident. An uninsured driver is still entitled to damages for the property damage done to their car, and if injured, can make a bodily injury claim for medical bills, lost wages and pain and suffering.

While violating State law in such a way will not negatively impact your rights to damages, you are still subject to Rhode Island law. This is a very important distinction that you must understand. You may still be cited for lack of insurance at the scene or in some cases you will receive the citation by mail shortly after the accident. This citation includes a $500 fine. If you are driving without a license or on a suspended license, this is a misdemeanor and you may be arrested for this offense.

In summary, you can not escape the consequences of Rhode Island law if you are driving a vehicle in an accident without insurance, but it will not effect your rights to recover damages while making an insurance claim. You do not need to be afraid to report your damages to the insurance company because you were driving uninsured at the time of the collision.

February 26, 2013

Last Year Saw an Increase in the Number of Deaths of Teenage Drivers

A new report from the Governors Highway Safety Association shows that the first half of year 2012 saw a 19 percent increase in teenage driver fatalities. The report took a look at all 50 states and showed that last year saw the reverse of a trend that saw decline in teenage accident related fatalities for almost a decade. Of even greater concern, the rate of fatalities for 16 and 17 year olds was even higher than the reported 19 percent jump.

This particular report focused solely on teenage drivers and did not include all auto accident related fatalities involving teenagers as passengers or pedestrians. The report also did not look at liability in these cases so there is no reported evidence to how many of these accidents were caused by the teenage driver.

We can only speculate as to why last year saw such an increase. One suggestion is that an improving economy is making it more accessible for teenagers to access a vehicle. Another suggestion is that we are seeing a slow down in previously created laws meant to reduce teenage driving fatalities such as graduated driving laws which have been enacted in many states. I would also add that the increase in smartphones and mobile technology has to be considered a cause in the increase of teenage auto accident related deaths. No generation is more wired and tech savvy than the current crop of young drivers and the distraction to text or check facebook while driving may be the cause of these tragic numbers.

February 17, 2013

How Long Should My Auto Accident Claim Take to Resolve?

Of all the questions I hear in my office from new clients who are unsure about the personal injury claim process, the question I hear the most is: how long is my claim going to take to settle. I can not speak for every personal injury law firm, but since this is such a frequently asked question, I will answer as to how my firm handles claims.

The single most important determining factor as to the length of your claim is whether the case settles prior to litigation or not. Settlement prior to litigation is NOT always the best option. Many personal injury law firms like to brag about their settlement percentage. I assure you not to be fooled by this statistic or this advertising tactic. ANY LAWYER OR LAW FIRM CAN SETTLE YOUR CASE IF THEY ARE WILLING TO ACCEPT WHATEVER LOW OFFER THE INSURANCE COMPANY MAKES. In fact, many of the law firms that highlight their rate of pre-litigation settlement are probably accepting far less than the case is worth.

The Settlement Process

Settlement is not always a bad thing. In fact, for the majority of cases it is the best decision for all of the involved parties. Settlement is quicker, less costly, and if well negotiated by your personal injury attorney, should result in a settlement amount for full value of your case.

But the point of this post is to discuss how long the process takes. This is how the process works at my office if we can settle prior to litigation. Following the injury there is likely to be a course of treatment with medical providers. If you sustain whiplash following a rear-end auto accident you may be required to see a chiropractor. If you break your arm in a slip and fall you will likely see an orthopedist for several months and undergo a course of physical therapy. More serious injuries may require surgery and lengthy follow-up... and so on. During your medical treatment, my office will contact you every 3-4 weeks to see how you are feeling and to make sure that we are aware of all the medical providers that you are seeing. We will also see if you have been able to work, or return to work following an absence.

Regardless of what doctors you see or how long it takes, we will continue in this fashion until you are done with treatment. If the doctors have done everything they can for you and you are still in pain, our office will likely request a letter from your doctor to discuss your future prognosis. Once completed with all of your medical treatment, we will compile all of your most up to date medical records. At this point, I will write a detailed demand letter for the insurance company in which we make our case for damages and demand a specific sum of money for compensation.

My office promises to send out your demand letter within one week of receiving all of your final medical records. This guarantees that there is no unnecessary delay in attempting to resolve your case. No other firm that I know of promises to work so quickly on your behalf. Once the demand letter is received by the insurance company, it generally takes 3-5 weeks for them to make an initial offer (depending on the insurance company.) We will then begin aggressive negotiations to try and resolve the case for full value. When a fair dollar figure has been achieved, the client can consider settlement. If settled, the case will be closed and the check received in 7-10 days.

The Litigation Process

Many cases, however, do not settle in the manner described above. There can be a lot of reasons for this. For one, the insurance company might make too low an offer to be fair. Second, the insurance company might believe that you are partially at fault for the accident, and therefore, not entitled to full value. Also, some cases are just too serious or complex to easily settle. For instance, if I have a client who is very seriously injured I will often suggest filing a lawsuit right at the beginning because there is little chance of getting full value for very serious injuries in a settlement. For all these reasons, your case might wind up in litigation.

Litigation, especially in Rhode Island, can be a long process and I would not guarantee my clients that they will see any money for at least a year or two. Once the case is in litigation, we can still attempt to resolve the matter through arbitration or mediation which will be quicker than going all the way to a jury trial. Even if you file litigation, the case will often settle (eventually) and hopefully for much more money than offered before we filed suit. Just because you file a lawsuit does not necessarily mean that you will one day go to a jury trial. In fact, only a small percentage of filed lawsuits actually go to trial.

So, to make a long story short - my office promises to make every effort to attempt a settlement of your case quickly. Frequently within just a few months of the accident. If we are unable to settle or if it is inappropriate to settle prior to litigation, we will aggressively pursue your lawsuit to try and achieve an appropriate resolution as quickly as possible.

If you have any questions about the personal injury claims process, particularly regarding the length of time prior to settlement, contact our office for a free consultation. If you are currently represented and feel that your case is taking way too long, you can also call for a free consultation. If I believe, that I can assist you in resolving your case, we can discuss a possible transfer.

December 16, 2012

Multiple Injured Passengers DO NOT All Need to Hire the Same Attorney

I recently ran into a former personal injury client from a few years ago. When I asked how she was, she told me that she was actually in quite a bit of pain. It turns out that she was hurt in a car accident a few months ago. I was disappointed that she did not call me to represent her for this new accident so I asked if she was not satisfied with my representation last time. She said that she was very satisfied and wanted to call me again following this car accident but the driver of the vehicle she was in said that if they did not go to the same attorney there "was going to be problems." This is not the first time that I have heard this misconception so I suppose it is worth writing a post here.

Following a serious car accident it is not uncommon for several passengers to be in injured. Each passenger has rights to make a personal injury claim for damages. A common misconception, however, is that everyone in the vehicle needs to hire the same attorney to handle the case. This is absolutely incorrect! While there may be benefits to agreeing on a single attorney, there may be other reasons why separate attorneys would have a better result. If you are one of several passengers injured in a car crash, you have every right to hire the auto accident attorney of your choice, regardless of the choice made by the other passengers. Your decision will have no negative consequences and will not cause any delays.

In fact, there is one situation when it strongly benefits you to hire a different attorney than the other parties. That is, if you are a passenger in a vehicle and the driver of the car you are riding in is partially or totally at fault for the accident. One attorney can not adequately represent both parties because he may have a conflict of interest. In order to recover the full damages for your case the attorney might have to admit that the driver (also his client) shares some negligence. Since the attorney also represents the driver, he can not and should not admit to his own client's negligence, and this is why there is a conflict of interest. It is better for you to hire an attorney of your own choice who has only your best interests in mind.

The important thing to remember is that if you are injured in a motor vehicle accident with several other passengers, you have the right to choose your attorney. Hire an attorney with a good record of results and whom you trust. Hire an attorney who gives you personal attention and handles the case him or herself rather than one who leaves all of the work to his or her paralegal. If you are looking for that kind of attentive and agressive attorney, contact my office for a free consultation. There is never any fee unless we recover money for you.

December 11, 2012

Wrong Way Drivers Responsible for Hundreds of Auto Accident Fatalities

The National Transportation Safety Board released the findings from a study which revealed, the not surprising at all fact that, wrong way drivers are extremely dangerous and cause hundreds of auto accident fatalities each year across the country. The study also finds that the majority of wrong way drivers are intoxicated and operating their vehicle at two to three times the legal limit for alcohol.

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I have written previous posts highlighting the danger of head-on collisions. Head-on accidents are among the most dangerous and life threatening auto accidents that can occur because the speed and force of both vehicles impact directly into one another. Wrong-way drivers, whether on a side street, a main street, or in extreme cases, the highway, create a very high likelihood of a head-on collision.

When an operator is coming down the road in the wrong direction it can be very difficult to avoid collision for a number of reasons. For one, as drivers we are unaccustomed to be on the lookout for wrong-way drivers. While we are trained to always keep our eye on the road, a driver coming the wrong way down the highway or down a one way is not something we are likely to look for. Second, even if we are aware of the wrong way driver it may be impossible to avoid collision. Perhaps there is no room to get out of the way (as in a tight one-way road) or the driver is coming to fast for you to take evasive action (as on the highway).

A car accident caused by a wrong-way driver is always a scary thing. I recently was retained by a woman who was struck by a man driving down the wrong way on Route 195 West in Fall River, Massachusetts. She turned her car abruptly at the last second and was able to avoid a direct head-on collision, but despite her bravery and quick thinking she still suffered a broken leg and ankle in the collision.

If you are injured in an accident caused by a wrong way driver you may be entitled to past and future medical bills, lost wages and pain and suffering. My office specializes in car accident cases and complex injuries. Call my office for a free consultation and let my experience work for you.

Continue reading "Wrong Way Drivers Responsible for Hundreds of Auto Accident Fatalities" »

December 3, 2012

7 Car Pile-Up Caused by a Commercial Dump Truck...And Other News

The Providence Journal is reporting on a real mess of an auto accident that occurred on the Sakonnet River Bridge this morning. It is reported that traffic was slow and tight across the bridge because police had previously responded to a minor auto accident. The driver of the dump truck approached the scene in the passing lane and when traffic narrowed, he sideswiped a van and continued forward striking several additional vehicles including the two police cruisers responding to the earlier car crash. The driver of the commercial truck which caused the accident claimed to police that his brakes failed. As a result, the Sakonnet River Bridge was shut down for nearly three hours! The Journal has not reported or indicated if there were any injuries.

As it concerns the commercial truck driver, he has done quite a bit wrong and his company may have one heck of a tab on their hands. For one, an oversized vehicle carrying rocks should not be in the passing lane to begin with. Second, if we accept as truth that the driver's brakes failed, then the company will be liable for poorly maintaining their trucks. The more likely scenario is that the driver was not paying attention to the stopped traffic and caused the mess. As most people are wont to do following an accident, he tried to shift attention away from himself by blaming faulty brakes.

Between my time working for the insurance companies and now representing plaintiff's on my own, I can not tell you how many times I have heard "My brakes failed". It is such a well tread excuse following an auto accident, that the police do not even consider that it may be true.

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This follows what was already a tragic weekend in Rhode Island when another bridge accident resulted in the wrongful death of one of the drivers and serious injuries to several others. There was a head-on collision Saturday on the Mt. Hope Bridge, in which the deceased driver, Paul Matthews, was allegedly distracted causing his vehicle to go left of center. Mr. Matthews did not survive his injuries and multiple passengers in both vehicles were seriously injured, although no other injuries appear to be life threatening.

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These serious auto accidents present complications both for their complexity and severity. I wish every one a safe ride on the streets especially during this time of year.

Continue reading "7 Car Pile-Up Caused by a Commercial Dump Truck...And Other News" »

November 28, 2012

Auto Accidents in Parking Lots

Car accidents which occur in parking lots are actually extremely common and come with a host of unique problems and complexities that need to be understood. If you have been involved in an accident which occurred in a store or other parking lot, hopefully the following information can be of assistance.

For most auto accidents that occur on a public road, determining who is at fault is much easier than in a parking lot accident. On a public road there are traffic controls, stop signs, and well understood rules of the road. Violating a rule of the road or ignoring a traffic signal will put one at fault for the car crash. In a parking lot, a determination of fault is not always as easy.

Why is it Tricky to Determine Liability in a Parking Lot?

  • All parking lots are designed differently which can confuse unfamiliar drivers and make it difficult to follow the rules of the road;
  • The presence of pedestrians and so many other parked cars can effect visibility and create a potential hazard;
  • Lack of traffic controls (stop signs, red lights, etc) or clearly defined paths of travel can create confusion among drivers;
  • Because parking lots are private property most police are unwilling to take formal reports. The lack of a formal police report can mean that some facts are missing and allows time for drivers to change their stories.

This is not to say that all parking lot accidents are difficult cases. For instance, a very common occurrence in parking lot accidents is a driver reversing out of a spot into a pedestrian or other car with the right of way. In these scenarios, the driver operating in reverse is almost always 100% at fault.

What Can You Do to Help Your Case?

These suggestions apply to almost all car crashes but are particularly helpful in a parking lot accident. If AND ONLY IF it is safe to do so and you are physically able to:

  • Take pictures of the scene and the placement of all involved vehicles;
  • Search for witnesses who may have seen the accident and take their name and number;
  • Seek medical treatment if you have been injured, call for a rescue if necessary;
  • Contact an experienced auto accident attorney right away! You and your attorney can investigate the possible existence of cameras or video recordings of the parking lot.

A Common Misconception About Parking Lot Accidents

Many people wrongly believe that accidents in parking lots are not that serious because they generally occur at relatively low speed. This is true for some, but not all parking lot accidents. Last year, I settled a case for a woman injured in the Warwick Mall Parking Lot for $125,000! She was thrown into the dashboard fracturing her wrist and causing permanent nerve damage. If you have been injured in a parking lot, whether minor or serious, it is always imperative to contact an experienced personal injury attorney right away.

My office specializes in auto accident cases and I have handled hundreds of parking lot cases. If you have been injured in a parking lot accident contact our office right away for a free no pressure consultation.