The Dangers of Collisions in Parking Lots and Parking Garages
The holidays are the busiest time of the year for restaurants, shopping centers, and other retail outlets. And with all this traffic comes a heightened risk of collisions in parking lots and garages. We often do not think about the dangers of getting into a crash when we are entering or exiting a parking area, but there is reason to be more aware and concerned about this potential hazard.
The National Safety Council reports that there are more than 50,000 collisions that occur in parking lots and garages each year, accounting for roughly 20% of all motor vehicle accidents. These collisions result in over 500 deaths and approximately 60,000 injuries, many of which are severe and debilitating.
These numbers show that parking lot accidents are far more common than most people are aware. Many people also believe that these types of accidents are less serious, because they occur at a much slower speed than a typical car accident that happens on the roadways.
While it is true that the average speed of a vehicle traveling in a parking lot or garage is only about 5-10 miles per hour, these types of accidents also tend to involve a disproportionately high number of pedestrians. And we all know that pedestrians have far less protection than vehicle passengers.
What Causes Parking Lot and Parking Garage Accidents?
A large number of parking area accidents are caused by one of the vehicle drivers involved, although in collisions with two vehicles, both drivers may share some of the blame. Of those accidents that are caused by a motorist, there are two primary reasons why they occur; stress and distraction.
In today’s society, people are always on the go, and they are often trying to keep up with a very busy schedule. And under these conditions, the last thing anyone wants to do is spend precious time circling around a parking lot or going up several levels of a parking garage looking for a spot. They want to get their parking spot as quickly as possible, so they can move on with their day. This stress is greatly intensified during the holidays, when everyone is much busier and available parking spots tend to fill up faster. On top of all this, pedestrian traffic is heightened during this time of year as well.
Combine societal stress with the fact that we have more distractions today than ever before, and we have a potentially deadly combination. Data from the National Safety Council shows that, by and large, motorists do not take the dangers of parking lots and parking garages nearly as seriously as driving on the roadways from the standpoint of cell phone use. According to the NSC survey, 66% of respondents said they make phone calls while driving through parking lots. In addition:
- 56% say they send text messages;
- 52% say they use social media;
- 63% say they program GPS systems;
- 50% say they send or receive emails;
- 49% say they take photos or watch videos.
Not all parking lot and parking garage accidents are caused by drivers. These areas have other hazards that can lead to accidents as well, such as cracks, potholes, uneven payment, debris, puddles, icy and slippery areas, poor lighting, and many others. Some parking areas also have inherent design flaws, such as lanes that are confusing with arrows that go in multiple directions and parking spaces that are too small for most vehicles to get into and out of safely.
Who is At Fault in a Parking Area Accident?
One of the most challenging aspects of a parking lot or parking garage collision is determining who is at fault. As mentioned previously, more than one driver could have contributed to the accident, and pedestrians could also share some of the blame if they are too busy on their cell phone and not watching where they are going, for example.
If multiple parties are at fault, Mississippi’s pure comparative negligence laws would come into play. Under comparative negligence, someone who is injured in a parking lot or parking garage accident can still receive compensation even if they are partially at fault, but their compensation award would be reduced in proportion to the percentage of fault they share. For example, if your medical costs, lost wages, and intangible losses (such as pain-and-suffering) totaled $100,000 and you were found to be 25% at fault, your compensation award would be reduced by $25,000, leaving you with a total of $75,000.
To further complicate matters, a third party could be at least partially to blame for the accident. This could be the designer of an inherently dangerous parking garage or the owner or manager of the garage if they did not take reasonable steps to keep the premises safe and free of known hazards.
To get to the bottom of all of this, a thorough investigation will be required, which may involve a review of any available accident reports, visual evidence (such as photos of the accident scene and surveillance video footage), testimony of eyewitnesses, and the assistance of outside specialists such as accident reconstruction experts. Evidence tends to disappear over time, however, and if you are considering legal action, it is best to get in contact with an experienced personal injury lawyer as soon as possible.
Injured in a Parking Lot Accident in Mississippi? Contact The Gardner Law Firm for Assistance
If you or someone close to you has been injured in a parking lot or garage accident that occurred in Biloxi, Gulfport, Pascagoula, Ocean Springs, or anywhere in Southern Mississippi, call the Gardner Law Firm at (228) 900-9618 or message us online for a free consultation and case assessment. We look forward to serving you!
