It can be difficult to determine who is to blame when you’re involved in a parking lot accident. As a pedestrian, you have the right to walk safely on sidewalks and around your vehicle, but drivers also have a right to be in the lanes and to be pulling into spots.
To determine who is to blame in a parking lot accident, you have to look at all the factors to determine who had the right-of-way at the time of the collision. If you did, then the other driver can be held liable for your injuries.
Duty of care matters
To start with, as a pedestrian, you have a responsibility to stay out of the roadway, to cross quickly when appropriate and to watch out for incoming vehicles. If you were listening to music and not paying attention or were distracted when walking out into traffic, then there is a chance that you could be held responsible for the collision.
On the other hand, drivers do have a responsibility to others and must be cautious when pulling into a parking lot. Even if the driver is on one of the main lanes, they should still be driving slowly enough that they can stop for pedestrians. This is because drivers know, or should know, that pedestrian traffic is likely in a parking lot.
Negligence can make or break a case
If the driver is negligent, then there is a better chance that you’ll be able to hold them responsible. For example, if you were walking across the street in a marked crosswalk when a driver made a turn into you and struck you down, then they could be held liable for failing to yield to your right of way.
Regardless of fault, you need to seek care
After a collision, you should seek medical attention regardless of who’s to blame. Your health comes first after an incident like this.
Once you’re medically stable, you can look into your legal rights and discuss your case to determine if you can make a claim. If the other party was reported as at fault, then you should be able to obtain compensation for your injuries.