A trip to the store or heading into work is typically a normal, uneventful part of your day. However, there are times when a parking lot can be unexpectedly dangerous, and an accident can happen in the blink of an eye.
Parking lot injuries are more common than many people realize and can range from minor scrapes to severe, life-altering conditions. If you’ve been injured in a parking lot, you might feel overwhelmed and unsure of what to do next. These situations often fall under premises liability law, which holds property owners responsible for maintaining safe conditions.
Whether you were injured in your office parking lot or a grocery store parking lot, you have rights. Here’s what you should do after falling or being hit by a car in a parking lot.
Key Takeaways from Parking Lot Injuries & Accidents
- Parking lot injuries generally fall under premises liability law, which holds property owners responsible for maintaining safe conditions.
- Property owners (businesses, landlords, or government entities) can be liable if they knew or should have known about a hazard and failed to address it.
- Common parking lot hazards include potholes, uneven pavement, wet/icy surfaces, obstructions, poor lighting, and neglected maintenance.
- Negligence must be proven: the owner had a duty to maintain safety, breached that duty, and the breach caused your injury.
What is Premises Liability?
Premises liability is a legal standard that holds property owners accountable for accidents and injuries that happen on their property. This responsibility, known as “duty of care,” means owners, whether it’s a commercial or residential property, must take reasonable steps to ensure their property is safe for visitors. This duty extends beyond the inside of a building to include sidewalks, walkways, and parking lots.
Who is Responsible for a Safe Parking Lot?
Determining who is at fault can sometimes be complicated. The responsible party is typically the owner of the property. This could be:
- The owner of a retail store or restaurant.
- A landlord or property management company that is in charge of an apartment complex or office building.
- A government entity if the injury occurred in a public parking lot.
For a property owner to be held liable, it must be proven that they were negligent. This means showing they knew, or reasonably should have known, about a hazardous condition and failed to address it in a timely manner.
What are Common Parking Lot Accidents?
Parking lot accidents are very common and can lead to severe injuries. While many of these are vehicle collisions, slip and fall incidents are also a major concern. Property owners have a duty to maintain a safe environment, and when they fail to do so, they may be held liable for any resulting injuries.
Slip-and-Fall & Premises Liability Hazards
Parking lots can be full of hazards. Owners have a duty to maintain safe conditions for visitors, and failure to do so can lead to serious injuries.
- Uneven Pavement or Potholes: Cracked or damaged surfaces can cause trips and falls.
- Wet or Icy Surfaces: Slips can be caused by rain, ice, snow, or unaddressed spills.
- Obstructions: Walkways may be blocked by trash, debris, or poorly placed objects.
- Inadequate Lighting: Poor visibility at night can increase the risk of falls and other accidents.
- Neglected Maintenance: Property owners may fail to repair known hazards or warn visitors of potential dangers.
Common Vehicle-to-Vehicle Crashes
Many parking lot car accidents involve two vehicles colliding at slow speeds, often because drivers are distracted or trying to fit in tight spaces.
- Backing Collisions: Two cars reversing at the same time or a driver backing into an active lane.
- Rear-End Crashes: Sudden stops when someone notices an open spot.
- Competing-For-Spot Accidents: Two drivers attempting to pull into the same parking space.
- Intersection Crashes: Drivers failing to yield or making quick turns at parking lot junctions.
Vehicle-to-Pedestrian Risks
Pedestrians are particularly vulnerable in parking lots, where visibility is limited, and drivers are often focused on finding a space rather than watching for people.
- Backover Accidents: A reversing vehicle strikes someone walking behind it.
- Forward-Moving Collisions: Cars hit pedestrians in crosswalks or driving lanes.
- Dooring Incidents: A car door opens into a pedestrian or cyclist.
Key Contributing Factors
- Negligent property management: Lot owners failing to repair hazards or maintain safe conditions.
- Distracted Driving: Phone use, adjusting GPS, or scanning for open spaces.
- Speeding: Driving too fast in crowded or tight areas.
- Poor Visibility: Dim lighting, blind spots, or visual obstructions.
- Failure to Yield: Drivers not checking mirrors or ignoring pedestrian right-of-way.
- Aggressive Driving: Racing for spots or making risky maneuvers under stress.
If you were injured in a restaurant, grocery store, or retail store parking lot because of any of these incidents, the business owner may be held responsible for your injuries.
Common Parking Lot Injuries
Common injuries you can suffer include:
- Broken Bones
- Bruises & Cuts
- Cuts & Lacerations
- Fractures & Sprains
- Head and Brain Injuries
- Internal Injuries
- Soft Tissue Injuries
- Spinal Cord Injuries
- Whiplash
Factors That Can Affect Your Lawsuit
Several factors can influence the outcome of a parking lot injury lawsuit. Understanding these can help you better prepare for filing a personal injury claim.
Business Negligence
Proving negligence is the basis of any premises liability case. Your attorney will need to demonstrate that the property owner failed in their duty to keep you safe.
For instance, if a store knew about a large pothole for weeks but did nothing to fix it or warn visitors, they would likely be considered negligent if someone tripped and was injured.
Comparative Negligence
In some cases, the injured person may be found partially at fault for the accident. This is known as “comparative negligence.” For example, if you were looking at your phone while walking and tripped over an obvious hazard, a court might determine you were partially responsible for your own injuries.
- In Missouri, the law uses a pure comparative negligence rule. Under RSMo § 537.765, you can still recover damages even if you’re mostly at fault; your award is simply reduced by your percentage of blame.
- In Kansas, the law uses a modified comparative negligence rule under K.S.A. § 60-258a. If you’re 50% or more at fault, you can’t recover any compensation. If you’re under that threshold, you recover, but the amount is reduced by your share of fault.
- In both states, when fault is shared, the court (or jury) assigns a percentage of responsibility to each party. That percentage determines how much each side can recover or how much a plaintiff’s damages will be cut.
What to Do If You Were Injured in a Parking Lot
The moments after an injury are often overwhelming. However, the actions you take can be crucial for your health and any legal claim. Here’s what to do if injured in a parking lot accident:
1. Seek Medical Attention Immediately
Your health is the top priority. Even if your injuries seem minor, it’s important to see a doctor. Some serious injuries, like concussions or internal damage, may not have immediate symptoms. A medical record also serves as vital evidence linking your injuries to the accident.
2. Document Everything
If you are able, gather as much evidence as possible from the scene.
- Take Photos and Videos: Capture the hazardous condition that caused your injury from multiple angles. For example, photograph the icy patch, pothole, or poor lighting. Also, take pictures of your injuries.
- Report the Incident: Notify the store manager, property owner, or supervisor on duty about what happened. Ask them to create an official incident report and request a copy for your records.
- Get Witness Information: If anyone saw the accident, ask for their name and contact information. Their testimony can be incredibly valuable.
3. Keep Detailed Records
Hold on to all documents related to the incident. This includes medical bills, receipts for prescriptions, and any communication with the property owner or their insurance company. It’s also helpful to keep a journal detailing your pain levels, physical limitations, and how the injury is affecting your daily life.
4. Contact a Personal Injury Attorney
Navigating a personal injury claim can be complex, and insurance companies may try to offer a low settlement or deny your claim altogether. An experienced attorney can protect your rights and handle the legal process for you.
Compensation in Parking Lot Injury Cases
If your lawsuit is successful, you may be entitled to compensation, also known as “damages,” for your losses. These can include:
- Medical Expenses: Coverage for doctor’s visits, hospital stays, surgery, medication, and physical therapy.
- Lost Wages: Reimbursement for the income you lost while unable to work.
- Loss of Earning Capacity: If your injury prevents you from returning to your previous job or earning the same income, you may be compensated for this future loss.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Permanent Disability: If the injury results in a long-term or permanent disability, you may receive damages for the ongoing impact on your life.
The final amount depends on several factors, including the severity of your injuries, the total amount of your medical bills and lost income, and the strength of the evidence proving negligence.
Contact an Experienced Personal Injury Attorney
After an injury, you may be dealing with mounting medical bills and the stress of being unable to work, all while trying to recover. Please know that you don’t have to go through this alone.
The Law Offices of Peter A. Jouras, Jr. is here to provide the compassionate and dedicated legal support you need during this difficult time. As a small firm, we offer one-on-one contact with every client, ensuring you receive the personal attention you deserve. With over 25 years of experience as a personal injury attorney serving clients in both Kansas and Missouri, we have committed our practice to helping injured individuals and their families find justice.
We understand that you may be worried about the cost of hiring a lawyer. That is why we offer free consultations to discuss your case and work on a contingency fee basis. This means you won’t pay any attorney fees unless we win your case. Let our law firm handle the legal burdens so you can focus on what matters most—your recovery. Contact us today to learn how we can help you move forward.
We are located in Overland Park, but serve the entire Kansas City metro area, including Kansas City, Kansas, and Kansas City, Missouri.
