Do I Need a Lawyer for a Car Accident in Arby’s Parking Lot

When you think of a car accident in an Arby’s parking lot, you might assume low speed, low impact, and minor damage. However, a parking lot accident can lead to significant vehicle damage and bodily injury. Like any other car accident, the person at fault is responsible for the financial repercussions. Sometimes their insurer cooperates, and sometimes you find yourself fighting even for a valid claim. If you need fast, fair compensation, you may benefit from contacting a car accident attorney right away.

Liability in a Parking Lot Car Accident

Most states have at-fault policies that govern car accidents. In an at-fault state, the responsible party’s insurance covers the damages to both vehicles in the accident. The same is valid for parking lot accidents, and parking lots follow specific right-of-way rules:

• Drivers backing out of a spot or turning to enter a spot must yield to drivers in the through lane.
• Drivers exiting a through lane must yield to drivers in the parking lot’s perimeter lanes.
• Drivers in the perimeter lanes must yield to drivers entering the parking lot from the street.

Anyone violating the right-of-way rules of a parking lot is typically liable if an accident occurs. Additionally, pedestrians always have the right-of-way in a parking lot.

Other Potential Causes of Parking Lot Accidents

Right-of-way violations are not the only causes of parking lot car accidents. Rear-end accidents are common in parking lots, and the person traveling behind another vehicle is almost always at fault. Sometimes a dangerous condition in the parking lot could result in an accident. For example, if the Arby’s owner failed to clear snow or ice accumulation in a reasonable amount of time, the parking lot could be hazardous to customers. If there is a construction issue, such as debris left behind or failure to place a barrier around a hazard, the construction company is liable.

What You Should Do After a Car Accident in a Parking Lot

Like any other car accident, you should take a few steps in the aftermath to protect yourself. Exchange information with the other driver, including insurance providers. Contact the police if the accident resulted in significant damages or injuries. In some areas, the station may not dispatch officers unless someone suffered an injury. You can still file online or at the station if you want an official report. Then you should probably see a doctor in case you sustained an injury with delayed symptoms. Finally, contact an attorney if you have any questions about the next steps you should take.

Hit and Run Accident

A common and unfortunate reality about parking lot accidents is that people often hit and run. If you go inside Arby’s and come out to find that someone struck your car and left no identifying information, there are still a few things you can do:

• Take photos of your vehicle and look for any cars in the parking lot with damage.
• Take a video of the scene and voiceover a narrative of what happened. Ensure your phone location services are on so that the video has a timestamp.
• Call the non-emergency line for the police and have an officer come out to report the accident.
• Speak to a supervisor or manager at Arby’s to see if the restaurant has security cameras that may have caught the incident.

Sometimes the at-fault driver may feel guilty and return to the scene or contact the police. However, if that does not happen, you may need to turn to your insurance to cover the accident.

When You Are at Fault

If you hit someone else’s vehicle in an Arby’s parking lot, the first thing you should do is take a deep breath and remain calm. If the person is in the car, provide your contact and insurance information. If you hit a parked car, pull into a safe spot and go inside to look for the car’s owner. Most states require you to put in a minimum of reasonable effort to find the owner. If the owner is not inside, you can leave a note with your information and a brief description of the accident. Remember that doing the right thing is significantly less damaging than the consequences of a hit and run.

Questions You Can Ask Yourself Before Hiring an Attorney

Knowing when to contact an attorney can be confusing for someone with little or no experience in personal injury law. In general, if you have any questions concerning your accident, especially if it involves someone else’s negligence, you should reach out to an attorney. However, some essential questions may lead you in the right direction.

Did You Only Suffer Property Damage?

Parking lot accidents often only result in vehicle damages, and these claims are typically straightforward. Therefore, you can likely handle it yourself unless the insurance company denies or undervalues your claim and refuses to negotiate. In such a case, you may benefit from speaking with an attorney about the details of the accident.

Did You Suffer Any Severe Injuries?

Parking lot accidents do not typically result in the same severity of injury that you see in road accidents. However, you may still end up with broken bones or significant soft tissues damage even in a minor accident. Consider the financial damage, such as medical bills, caused by your injuries and speak with an attorney if the damage begins to add up to thousands. This can happen quickly, especially with a hospital visit.

If you do not feel comfortable advocating for yourself in an insurance claim, you can reach out to a car accident attorney with questions surrounding your case. Sometimes you have a straightforward case but a problematic insurance adjuster. A lawyer could help you in that situation as well.

What a Car Accident Attorney Can Do for You

Even in minor car accidents, you may deal with a combative insurance company. Sometimes insurers even resort to unsavory tactics to avoid a payout. For example, they may:

• • Deny your valid claim without providing a reason
  • Delay investigating your claim or fail to investigate at all
  • Misrepresent the wording in the policy
  • Change the policy post-accident to better suit the company’s interests
  • Use aggressive or threatening language 
  • Refuse to return your calls or communicate at all
  • Significantly undervalue your claim

• Accuse you of being at fault without substantial evidence to support the allegation

When you hire a car accident attorney, they handle all communication with the insurance company for you. Consequently, insurance adjusters rarely attempt such bad faith tactics with an experienced car accident attorney. Additionally, an attorney will file all the necessary paperwork for a lawsuit, protect your rights and interests throughout the legal process, and offer personal and professional support as you heal from your injuries.

If you suffered an injury from a parking lot accident at Arby’s, contact the experienced lawyers at Fielding Law today. If you have questions about the accident, negligence, or your rights, we can help you better understand your options moving forward, even if your claim does not require representation or can be settled outside the courtroom. We aim to provide our clients with peace of mind and clear steps moving forward. Contact Fielding Law for a free case evaluation, and we can start helping you right away.

Sources:

https://www.nolo.com/legal-encyclopedia/who-is-at-fault-for-a-parking-lot-car-accident.html

https://www.amfam.com/resources/articles/on-the-road/parking-accidents-101