Any collision between a motor vehicle and pedestrian could result in severe injuries, no matter the speed of the vehicle. While these collisions can happen anywhere, one of the most common locations where pedestrians are hit by cars is within parking lots and garages.
Many lots contain numerous blind-spots which can cut a driver’s visibility which, when combined with a driver’s failure to take appropriate caution, could lead to serious injuries. Because of the simple fact that motorists have the same legal obligations to drive safely within parking lots as on any other roads, a failure to meet this standard might be grounds for a civil lawsuit.
As a result, if you were struck by a car in a parking lot or garage, a lawyer at Buckfire & Buckfire, P.C. who has experience handling Michigan parking lot pedestrian accident claims might be able to help. A dedicated attorney could work tirelessly to gather evidence on your behalf and guide you through the entire claims process as you pursue compensation.
Determining Fault for a Parking Lot Incident
Every driver has a legal obligation to drive safely and obey the rules of the road. This is done to prevent harm to themselves, their passengers, other motorists on the road, and any pedestrians they encounter behind the wheel. As a result, when a driver is distracted, intoxicated, or otherwise careless while driving in a parking lot or garage and hits a pedestrian, the same legal framework that would be applied for an incident on public roads or highways.
Essentially, to assign blame for a parking lot accident, a court must examine the actions of all involved parties. Under Michigan Compiled Law §600.2959, this is done by assigning a percentage of fault to both the defendant and the claimant, when applicable.
If a jury believes that a claimant is partially responsible for their own injuries, their awarded damages will be reduced to match their percentage of fault. Because of these nuances, a lawyer familiar with Michigan parking lot pedestrian accident claims could work with an injured claimant to determine fault.
Assessing Options for Recovery
Because Michigan is a no-fault insurance state, all drivers must obtain a policy that provides compensation for medical bills, lost wages, and other limited costs following an accident. Additionally, when a pedestrian is injured and has their own insurance policy, they must usually make a claim through their own insurance first—regardless of who was at fault for a parking lot collision.
As a result, an injured pedestrian might feel as though they have limited legal options for seeking compensation. However, if the injuries suffered are severe—which is unfortunately common in parking lot pedestrian accidents in Michigan—a plaintiff can take a case to court in order to demand payment for medical bills, lost wages, and numerous types of pain and suffering, such as emotional anguish and loss of enjoyment of life.
Call an Attorney for Help with a Michigan Parking Lot Pedestrian Accident Claim
Collisions between cars and pedestrians are often severe, whether these happen on public roads or within parking lots and garages. While no-fault insurance might help you to recover lost wages, medical bills, and other pecuniary losses, a lawyer who is familiar with Michigan parking lot pedestrian accidents might be able to help you pursue a civil lawsuit to recover the full extent of your damages.
However, determining the legal eligibility of a claim and proving fault is often a complex and exhaustive process. As a result, retaining a seasoned attorney at Buckfire & Buckfire, P.C. could prove to be useful. To learn more, reach out to a legal professional today to schedule a consultation and discuss your unique circumstances.
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