In Which Mesquite, TX Parking Lots Am I More Likely To Get Injured?

People commonly underestimate the danger of parking lots, but you can suffer an injury in a parking lot accident just like any other auto accident. In Mesquite, the most dangerous parking lots are crowded or poorly maintained. The present dangers can result in severe accidents. You might have a claim for damages if you suffered an injury in a parking lot accident as a driver, pedestrian or cyclist. The first step is to talk to an attorney and identify who is at fault.

What Are the Most Apparent Dangers in Mesquite Parking Lots?

The slowed speed of vehicles in a parking lot can give a false sense of security, which can lead to one of the most common causes of parking lot accident cases, distracted driving. Other causes that could result in a personal injury claim include slip and fall accidents and risks presented to inattentive pedestrians and cyclists.

Distracted Drivers

Distracted driving can occur anywhere on the road but is most common in parking lots. As people near a parking space, they start removing seat belts, adjusting the windows or shifting things around in the car. Some of the most common causes of accidents in parking lots include the following:

• Checking text messages or emails on the phone
• Taking pictures or watching videos on the phone
• Adjusting the radio of the navigation system
• Checking social media
• Looking for something, such as a bag or device 

Most distractions, such as a phone, are manual items that remove attention from the parking lot. Others are visual and cognitive distractions. For example, looking around the lot for the perfect spot to park takes your eyes off any immediate dangers. Daydreaming is a cognitive distraction that takes your mind somewhere other than your surroundings. Any of these actions present a risk to everyone.

Slip and Fall Accidents

Slip and fall accidents are most common in winter when snow and ice can accumulate. Texas personal injury law includes the legal concept of premises liability, which states that property owners must maintain safe property conditions for visitors. This also applies to parking lot owners, and most parking lots are privately owned.

Liability for these cases can be tricky. For example, if you trip over your untied shoelace and fall in a parking lot, the owner is not responsible for your injuries. However, if you slip on black ice days after a storm ends, the owner has sufficient time to remove that hazard and could be liable. If you suffer injuries and decide to file a personal injury claim, you are responsible for proving the property owner’s liability.

Risks for Pedestrians and Cyclists

Pedestrians, bicyclists and motorcyclists have a significantly higher risk for injury, given their vulnerable positions, compared to a vehicle. Poorly lit parking lots at night are especially dangerous. To combat this issue, pedestrians must remain attentive and walk only in areas designated for pedestrians, such as crosswalks.

Cyclists should remain alert at all times as well or risk common injuries at even low-speed collisions:

• Broken or fractured bones
• Head or spinal cord injuries
• Crushed limbs
• Nerve damage and other internal injuries
• Paralysis or death

Unfortunately, even an attentive pedestrian is at risk for injury when a negligent driver is present, but they can hold that driver accountable through the civil claims system.

Who Is at Fault for a Parking Lot Accident?

Texas is an at-fault state, which means you can file a claim with the liable party’s insurance company or file a lawsuit against the at-fault party. As the person filing the claim, you are also responsible for proving the other party’s negligence or malicious intent. To prove negligence, you must provide evidence to support the three components:

1. The person who hit you owed you a duty of care at the time of the crash.
2. The person breached that duty of care by not complying with the law, which can include parking lot right-of-way rules or premises liability.
3. The violation caused your accident, which led to your injuries.

Proving the first element is relatively straightforward in auto accident cases. All drivers owe a duty of care to the public when they get behind the wheel of a car. Proving liability in a slip-and-fall case can be more challenging, but an experienced personal injury attorney can guide you through the process.

Parking Lot Right-of-Way Rule

Many parking lot crashes are the result of right-of-way violations. The basic rules of right-of-way in any parking lot include the following:

• Drivers backing out of a parking space must wait for a clear path. This is one exception to the general understanding that liability for a rear-end collision falls on the person in the back.
• Drivers in the feeder lanes must yield to drivers in the parameter lanes.
• Drivers in parameter lanes must yield to drivers entering the parking lot from the road.

In general, anyone speeding through the parameter or feeder lanes would be liable if a crash occurred. For example, suppose you were backing into what appeared to be a clear lane, and another driver came speeding around the corner and crashed. In that case, the other driver would likely be liable for damages.

Texas Law and Shared Fault

Sometimes accidents are the result of both parties’ negligence. When that occurs, Texas civil court applies the comparative negligence rule, which allows you to recover a portion of damages equal to the other party’s percentage of fault. However, the law prohibits you from recovering damages if you are 51% or more liable.

For example, if your damages amount to $5,000 and you are 50% at fault, you can only receive $2,500 in compensation. However, if you are 51% at fault, you will not receive a damages award. If you have questions about your liability in a parking lot accident in Mesquite, you can speak with a personal injury attorney.

How Can You Avoid Parking Lot Accidents?

You can substantially decrease your risk of involvement in a parking lot crash by increasing your attentiveness. Keep your eyes on the road until the car is in park. Avoid distractions, such as your phone or looking for parking spaces at a distance. Consider other steps you can take to keep yourself and other drivers and pedestrians safe:

• Keep a safe distance from other drivers. Vehicles slow down, stop and turn abruptly in parking lots, and tailgating increases the risk of a rear-end collision.
• Be mindful of pedestrians, especially small children.
• Drive as slowly as possible to avoid hitting vehicles backing into the feeder lanes.

Remaining alert is as much defensive driving as it is offensive. If you are always fully alert, you have a better chance of dodging accidents with negligent drivers.

Do You Need Help With a Parking Lot Accident Claim?

If you suffered an injury in a parking lot in Mesquite, Texas, you might have questions about requesting compensation for your losses. A personal injury attorney can help you understand tort law and how it applies to your claim. At Fielding Law, we help victims of auto accidents recover their losses from the person or party liable for the accident, and we charge no upfront fees for the initial meeting or our services. Contact us at (877) 880-4090 today and schedule your free consultation with a car accident lawyer.