Parking lots can be hotspots for accidents. When a pedestrian is involved, questions about fault and responsibility can be complicated.
These accidents involving pedestrians can occur for various reasons, such as distracted driving, limited visibility and the mix of pedestrians and vehicles navigating the same space. Determining fault in these situations requires a careful examination of the circumstances:
- General right-of-way rules: In parking lots, pedestrians generally have the right of way in marked crosswalks. Drivers must yield to pedestrians in these designated areas. However, the absence of a marked crosswalk complicates the right-of-way dynamics.
- Driver duty of care: Drivers in parking lots have a duty of care to exercise caution and drive at a safe speed. Failure to do so may result in liability, especially if a driver fails to yield to pedestrians or disregards traffic signs.
- Pedestrian responsibilities: Pedestrians are also expected to exercise reasonable care for their safety. Darting unexpectedly in front of vehicles or crossing outside of designated areas may impact the assignment of fault.
Factors influencing fault
The following factors can influence who is legally at fault:
- Speed of the vehicle: Drivers should adhere to posted speed limits in parking lots. Excessive speed can reduce reaction time and increase the likelihood of accidents. If a driver is speeding, they may bear a higher degree of responsibility.
- Distracted driving: Distractions, such as phone use or adjusting in-car entertainment systems, can lead to accidents. If a driver is distracted at the time of the incident, they may be deemed at fault.
- Pedestrian visibility: Pedestrians must make themselves reasonably visible to drivers. Wearing bright clothing and avoiding distractions like headphones can contribute to pedestrian safety.
- Signs and markings: Compliance with traffic signs and markings is crucial. Failure to yield at marked crosswalks or stop signs may contribute to fault on the part of the driver.
- Contributory negligence: In some cases, both the pedestrian and the driver may share responsibility. Contributory negligence laws impact the compensation awarded in a personal injury claim, by reducing the plaintiff’s award by the percentage they are deemed to be at fault.
- Witness statements and surveillance footage: Eyewitness accounts and surveillance footage can provide valuable evidence in determining fault. Gathering statements from individuals who witnessed the accident can help establish the sequence of events.
If you were injured as a pedestrian in a parking lot, call the Law Offices of Tim Misny right away. You may be eligible for compensation for your injuries and more.
Consult an Ohio personal injury lawyer today
The Law Offices of Tim Misny can help you with your pedestrian accident claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
