Parking lots can be surprisingly dangerous. Reversing vehicles, blind spots, tight spaces, and pedestrians moving about are just some of the elements that make parking lots risky places. Many people are hurt in parking lots and parking garages every year, resulting in severe injuries, property damage, and even fatalities.
If you’ve been injured in a parking lot accident, you may be able to make a claim for personal injury compensation. The claims process can be difficult to navigate, so you should have experienced legal representation on your side. The parking lot accident lawyers at Littlejohn Barristers can help if you’ve been hurt in an Ontario parkade or parking garage. Contact us today to set up a free consultation with a lawyer.
Common Causes Of Parking Lot Accidents
When it comes to parking lot accidents, people tend to think of low-speed fender benders and minor vehicle damage. The reality is that parking lot accidents can happen in a number of ways and can cause very serious injuries or death. Common causes of parking lot injuries include:
Slip and fall accidents due to uneven surfaces, potholes, inadequate lighting, or uncleared snow and ice.
Crashes between two vehicles (cars, trucks, vans, motorcycles)
Collisions between a vehicle and a pedestrian or bicyclist
Any of these incidents can leave the victim with injuries such as fractured bones, soft tissue damage, spinal cord damage, or concussions/brain injuries.
Liability For Parking Lot Accidents
The question of liability will depend on how the injury occurred. For example, when a person is hurt as a result of a slip and fall accident in a parking lot, liability falls under the Occupiers’ Liability Act. To win compensation, the accident victim must prove that the person or company responsible for the parking lot failed to keep it reasonably safe.
The situation is different if injuries were caused by a motor vehicle accident in a parking lot. Ontario’s Highway Traffic Act applies to determining fault for car accidents on public roads, but it doesn’t apply to accidents in municipal or private parking lots. Off the top, that means injured cyclists and pedestrians don’t get the benefit of the reverse onus in s. 193 of the Highway Traffic Act. A pedestrian or cyclist struck by a vehicle in a parking lot must prove that the driver was negligent to obtain compensation in a personal injury lawsuit.
Insurance companies sometimes use the Fault Determination Rules to decide responsibility for motor vehicle accident claims that occur in parking lots, and to assign a percentage of fault to each party. It’s important to understand that the insurance company’s fault determination is not binding in a personal injury lawsuit and does not take away your right to sue. If you don’t agree that you were at fault, or you disagree with the degree of fault assigned to you, our lawyers can assess the facts and advise you on how to proceed.
Compensation For Parking Lot Accidents
Generally speaking, a person hurt in a parking lot accident is entitled to claim compensation including lost income, out-of-pocket expenses, and rehabilitation expenses. There may be other types of damages that can be claimed, depending on how the accident occurred. For example, a person hurt as a result of a slip-and-fall or vehicle accident caused by someone else’s fault can claim damages for pain and suffering, future care expenses, and loss of earning capacity.
Parking Lot Accident Lawyer In Barrie
If you’ve been injured in an Ontario parking lot accident, seek the help of a lawyer you can trust. The experienced professionals at Littlejohn Barristers in Barrie know the legal intricacies and challenges of seeking compensation. We’ll work tirelessly to serve your best interests. Contact us today to schedule a free, no-obligation consultation.