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Parking Wars- Who is at Fault in a Parking Lot Accident?

Submitted by jrlaw on May 12th, 2010

You’re backing out of a parking space. You look carefully – nobody’s coming. And then, somebody smacks into you. What went wrong? You know you didn’t see anybody. Was the other person speeding? Did you just make a mistake? Is there some fault in the design of the parking lot that could have allowed this to happen? Get the contact and insurance information of the other driver. Also, write down the contact information for any witnesses. Call the police to obtain a police report for the accident, and call your insurance company. Over the next few days, watch for any bruising or nagging pains and see a doctor if you suspect any injuries from the accident.

Unfortunately, if you are backing up, you are almost automatically assumed to be at fault. Your insurance company may attempt to negotiate with the other driver’s company, but it is likely that you will be blamed. Understandably, if you are sure that you looked carefully and didn’t see anyone, you may want to dispute this. It may be time to call a Dallas car accident lawyer to see what your options are.

You have several things to consider with your attorney. These include:

The insurance companies. If the insurance companies are refusing to pay or not compensating you fairly, you may need to sue. You have the option of seeking redress from the other driver’s company as well as your own.

Your injuries. Did you see a doctor? Do you have an ongoing injury as a result of the accident? Whiplash and other back and neck injuries are common after accidents like this, even if the impact wasn’t very hard. Your Dallas personal injury lawyer can help you get the appropriate compensation for your medical bills, lost wages and even pain and suffering.

The premises where the accident took place. The owners of a parking lot have a legal obligation to keep it safe for drivers and pedestrians. For instance, if your accident took place at night, you may check to see if the lighting was adequate. Were there stop signs at the appropriate intersections? What about your line of sight? Was it clear? A Dallas premises liability lawyer can help you determine if the parking lot itself contributed in any way to the accident.

Remember, your fault is almost certainly going to be assumed because you were the person backing up. That’s just the way the law has decided things over the years. A good attorney can help swing things your way with the right arguments. Don’t let the insurance companies decide for you if you’re sure that you did nothing wrong.

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