In a parking lot accident caused by faulty automatic parking gates, the property owner should cover the damages if the defective results from failure to maintain it. This is because automatic parking garage gates are subject to premises liability, as property owners and managers are liable for keeping the premises safe.
If you sustain injuries from faulty automatic parking gates, read on to understand the numerous elements considered when establishing liability in these situations and the intricacies of filing a case.
How Do Accidents Happen in Parking Lots?
Reaching the destination while driving is not always the problem; sometimes, drivers tend to be involved in accidents as they try to park and settle. There are different reasons why parking lot accidents happen, as there are several factors present in such an area, including:
- High Volumes of Cars and Pedestrians: traffic produces a crowded environment with frequent poor vision. Traffic jams can make it challenging for drivers to notice other cars or pedestrians.
- Distracted driving: using a phone while driving or tinkering with the controls in the car might cause drivers to become distracted from their surroundings.
- Maneuvers: misjudging distances or failing to see oncoming vehicles are common causes of parking lot accidents that occur during maneuvers like backing out of spaces or managing tight curves.
- Property Maintenance: Inadequate lighting and signs can also lead to accidents because they make it harder for drivers to detect barriers and obey traffic laws. Aside from this, other objects that may need upkeep, like parking gates, may also cause accidents if not properly maintained.
- Speed: even at relatively moderate speeds, speeding can shorten reaction times and raise the risk of crashes in the constrained areas of a parking lot.
Moreover, according to a 2020 study, Street parking-permitted urban locations have higher collision rates, frequently linked to factors like narrower roads, worse visibility, and disruptions in traffic flow.
When parking, it is best to analyze the surroundings, maintain proper speed, and avoid distractions to reduce the risks of accidents. On the other hand, property owners should always keep the parking area to prevent incidents, such as injuring people or causing damage.
How Often Do Parking Lot Accidents Happen?
Parking lot accidents are surprisingly common. Every year, thousands of collisions in parking lots and garage buildings result in injuries and fatalities. This is especially true when traffic in parking areas is more significant, such as during holidays.
According to the National Safety Council public opinion poll, 66% of drivers stated they would talk on the phone while passing parking lots. Also, respondents stated that they would:
- Configure GPS devices (63%)
- Text (56%)
- Use social media (52%)
- Email sending and receiving (50%)
- View videos or take pictures (49%)
Additionally, 59% of teens were less likely than adults to use a phone while driving in parking lots but more likely to participate in personal grooming.
Unfortunately, many believe parking lots and garages are safe since they are not on the road. As they let their guards down in parking lots, 20% of all car accidents occur in such areas. Also, roughly 50,000 garage and parking lot accidents occur annually.
Do Insurance Companies Cover Parking Lot Accidents?
With the significant number of parking lot accidents, some incidents go unnoticed, causing minor scratches and bumps. However, more severe accidents can result in injuries and even death. From minor fender-benders to catastrophic injuries, drivers often ask, “Do insurance companies cover parking lot accidents?”
Yes, insurance companies generally cover parking lot accidents. Still, the degree of coverage and how the claim is processed might vary depending on several factors, including the type of insurance policy you have and the circumstances of the accident.
For example, if you get into a simple fender-bender, you may use your collision or uninsured motorist coverage, especially if you don’t know who caused the damages. On the other hand, if you sustain injuries from accidents resulting from other people’s negligence, such as when the owner failed to maintain their property correctly, you may receive compensation for the damages from their insurance providers.
Can I File a Claim If a Faulty Automatic Parking Gates Injures Me?
Generally, if you experience a parking lot accident due to a faulty automatic parking gate, you may file a claim for the damages against the property owner or maintenance. This is so because property owners and managers are accountable for maintaining the safety of the premises. Hence, faulty automatic parking garage gates due to improper upkeep fall under premise liability.
However, you must first establish that the actions of such entities directly cause your accidents. In an accident in a parking lot, you typically need to prove four elements of negligence in California:
- The property owner or tenant either caused the hazardous condition, knew about it, or should have known about it through reasonable care.
- The property owner or occupier failed to fix the condition at a reasonable opportunity or did not warn visitors about the hazard.
- This failure directly caused the slip-and-fall accident.
- The accident resulted in injuries.
You can prove these elements if sufficient evidence shows their action, or in this case, inaction, causing the parking lot accident.
- Police report
- Witness testimonies
- Photos of the accident
- CCTV or surveillance footage
Moreover, although you can seek compensation for your injuries, you must identify and prove who was responsible for such an accident. The liable parties may vary depending on the specifics of the incident. As such, you may need the help of a car accident injury lawyer California has to protect your rights.
Who Pays for Injuries Caused by Faulty Automatic Parking Gates?
Various parties may be held accountable for injuries caused by malfunctioning automatic parking gates, depending on the specifics of the incident. To give you an idea, the following scenarios may hold several parties liable for your damages:
Scenario 1: Negligence by the Manager or Property Owner
The property owner or management may be held accountable if they neglected known problems with the gate or did not maintain it correctly. Usually, the injured party’s medical costs and other damages are covered by the property owner’s insurance. You could hold them accountable for premises responsibility.
For instance, you were leaving a parking lot when the gate suddenly closed and hit you. During the investigation, it was discovered that the gate defect resulted from improper maintenance. You may hold the manager or property owner accountable for the damages in this case.
Scenario 2: Negligence by the Manufacturer
If the manufacturer produced a defective automatic parking gate and it caused an accident, they may be responsible for covering the damage costs incurred by the victim. Note that the claim will fall under product liability in such an instance.
Remember that when filing a claim, you must prove that the entity’s actions caused the accident. So, in this case, you must have evidence showing that the manufacturer produced a faulty parking gate, resulting in a parking lot accident.
Scenario 3: You Are Partially At Fault
Let’s say you tried manually raising a parking gate since it was not working. When the gate suddenly closed, you were hit by it. In this case, your careless actions contributed to the accident to some extent.
However, if, in the same scenario, it was discovered that no security or company personnel were present to guide guests and the gate was faulty, the property owner may also share liability.
As such, you may still file a claim to receive compensation for the damages. Nevertheless, depending on how much contributed to the accident, you will receive a reduced settlement amount.
So, if the court decided you were 40% liable for the accident, you may receive 60% compensation. On the other hand, the other party may contend for 40% restitution.
It is advisable to consult the best car accident injury lawyer California offers to safeguard your legal rights due to the complexity of determining fault, particularly if the insurance company tries to coerce you into accepting an unfavorable settlement.
Lawyer’s Tip: It is crucial to reach out to a lawyer appropriate for your situation. Attorneys have specific specializations which you need to determine before hiring them.
How Can a California Car Accident Attorney Help Maximize My Payout?
There are several factors to consider when determining liability for a parking lot accident. Was the automatic gate defective due to maintenance or production? Did you do something that may have contributed to the accident? Do you have enough evidence to prove liability in such instances? You need to answer these questions to determine if you have the right to compensation.
The best car accident injury lawyer California has can analyze the details of your case and gather evidence to support your claim. They have the expertise and resources to work with a car accident reconstructionist when evidence is scarce.
To improve the chances of a successful claim, an attorney can:
- Gather evidence to bolster your case.
- Prove the fault of the responsible party.
- Evaluate the full extent of the damages.
- Communicate with the insurance company.
- Initiate legal proceedings if necessary.
The Law Offices of Larry H. Parker, based in Southern California, have highly skilled auto accident lawyers with extensive experience in personal injury law. Contact them at 800-333-0000 or schedule a free consultation to explore your best legal options.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“I was in a terrible car accident, and the Law Offices of Larry H Parker took care of everything! My car was completely totaled. I was headed to school when the driver in the other vehicle involved made a left-hand turn in front of my car, causing me to hit his passenger door. Both airbags deployed, and my car spun out of control.” – Lindsay S.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about personal injury claims.
- Essential Elements to Consider if You Have Been Offered a Settlement by an Insurance Company
- Understanding Loss of Consortium and Its Place in Your Personal Injury Case
- Not All Trials Are the Same: Learn the Difference Between a Jury Trial and a Bench Trial
Works Cited
Culver, Erin. “An Alarming Number of Car Accidents Happen in Parking Lots.” MotorBiscuit, 23 February 2021. Accessed 21 June 2024.
“Distracted Driving Public Opinion Poll.” National Safety Council. Accessed 21 June 2024.
“Parking Lot Accident Statistics – Making Parking Lots Safer.” Transline Industries, 8 November 2022. Accessed 21 June 2024.
Ponnambalam, Teresa, and Birsen Donmez. “Searching for Street Parking: Effects on Driver Vehicle Control, Workload, Physiology, and Glances.” NCBI, 20 October 2020. Accessed 21 June 2024.
