A Maryland Personal Injury Attorney Discusses Holiday Shopping Rush: Parking Lot Accidents and Liability

November 1, 2024
Fraser Dachille

The holidays have become synonymous with hectic shopping trips, heavy traffic, and last-minute gift-buying excursions to the mall. While this is supposed to be a happy time among family and friends, the reality is that vehicle accidents are especially common. When they occur in crowded parking lots, it can be difficult to determine who is legally liable.

If you were hurt in a parking lot collision in Maryland, you could be entitled to compensation. A car accident lawyer can assist you with every aspect of your claim. This includes helping you understand the unique challenges that come with determining liability in a parking lot accident.

Parking Lot Accidents Are Still Dangerous

There is a common misconception that parking lot accidents are not serious because they generally happen at low speeds. In reality, even low-speed collisions can lead to devastating physical injuries due to the force a moving vehicle generates.

Accidents are especially dangerous when they involve pedestrians. During the holiday season, parking lots are often full of people walking to and from their cars. An impact from a moving vehicle can cause life-altering injuries in some cases.

The risk of a pedestrian accident increases in the winter as the days only get shorter. Not all parking lots have adequate lighting, which can leave people traveling on foot with very little to illuminate them among the parked cars.

Traffic Laws Do Not Always Apply

Parking lots are private property, not public roadways. This is important, as many rules of the road do not necessarily apply. The speed limits that govern streets and highways are not enforced in a parking lot, although driving at dangerous speeds could still result in criminal charges.

However, there are some general guidelines the courts will rely on in these cases. The aisles of a parking lot are not a public roadway, but drivers who are already established in an aisle generally have the right-of-way to continue driving. If a vehicle backs out of a spot and strikes a car already in the aisle, the reversing driver is likely at fault.

Another common issue with these accidents is the lack of traffic control devices. While some parking lots might have stop or yield signs, there are often intersections that do not offer any guidance on who has the right to enter first.

Who is at Fault?

In the end, a person is only liable for a parking lot accident if their negligence led to the collision. This might involve backing out of a space into a vehicle that was already established in the lane or striking a pedestrian while reading a text message instead of watching the road. Drivers who act carelessly by speeding or failing to keep an eye out for pedestrians are often at fault.

Keep in mind that Maryland is a Contributory Negligence state, which means that the sole cause of the collision must be the negligent driver (with no fault of your own).

Common Parking Lot Injuries

The injuries involved in these accidents can be severe, especially where pedestrians are involved. Even collisions between two or more vehicles can leave the occupants with serious injuries. Some common examples include the following:

  • Fractures. A car accident could result in a sudden impact to any part of the body. That can lead to a fracture of virtually any bone, from legs to hips or wrists.
  • Head injuries. Traumatic brain injuries are unfortunately common in these accidents. Pedestrians who are knocked to the ground often strike their heads on the concrete, which can lead to a concussion.
  • Cuts and bruises. Accidents involving multiple vehicles can lead to cuts, lacerations, and bruises due to broken glass and other factors.
  • Spinal cord damage. An impact to the head or neck could cause spinal cord damage and even paralysis.

Any of these injuries could serve as the basis for a civil suit. With the help of skilled legal counsel, it may be possible to hold the negligent driver accountable and recover financial compensation.

A Maryland Personal Injury Attorney at Timothy A. Dachille and Associates Can Help With Your Case

If you have been hurt in a parking lot accident, now is the time to speak to a Maryland personal injury attorney. The team at Timothy A. Dachille and Associates can answer your questions, review the facts, and advise you on your legal options. Let our firm handle your case from start to finish. Contact us right away to schedule your free consultation.

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