{"id":8383,"date":"2021-02-18T13:40:57","date_gmt":"2021-02-18T18:40:57","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/what-to-do-following-a-parking-lot-accident\/"},"modified":"2021-02-18T13:40:57","modified_gmt":"2021-02-18T18:40:57","slug":"what-to-do-following-a-parking-lot-accident","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/what-to-do-following-a-parking-lot-accident\/","title":{"rendered":"What To Do Following A Parking Lot Accident"},"content":{"rendered":"

It\u2019s winter in New York, which means that black ice<\/a> is a fixture in most parking lots. This thin, translucent ice is much harder to see, and much slicker, than white ice.<\/p>\n

Furthermore, many property owners do not inspect parking lots very often, even though they have a legal responsibility to do so. Therefore, there is a high potential for serious injury.<\/p>\n

Severe broken bones, such as broken hips and legs, are the most common injuries in these situations.<\/p>\n

These injuries often permanently impair mobility. Other wounds include internal bleeding and head injuries.<\/p>\n

Due to the seriousness of these injuries, and the often callous attitude of property owners, a New York personal injury attorney<\/a> can often obtain substantial compensation for these victims.<\/p>\n

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n

Establishing Driver Negligence<\/h2>\n

The victim\/plaintiff has the burden of proof in a car accident claim.<\/p>\n

This burden of proof is only a preponderance of the evidence, or more likely than not. That\u2019s the lowest burden of proof in New York. So, a little evidence goes a long way.<\/p>\n

Evidence in these claims includes the temperature at the time, previous ice-related or other accidents in that parking lot, any erratic driving prior to the crash, and reports of icy patches.<\/p>\n

As for liability, ice-related crashes usually combine excessive speed and failure to watch.<\/p>\n

If there are icy patches in a parking lot, any speed above about 10mph is probably excessive under the circumstances.<\/p>\n

Furthermore, as mentioned, black ice is very hard to see, especially at night. This fact does not excuse negligence. In fact, the opposite is true.<\/p>\n

The difficulty of spotting ice means that drivers have a legal duty to be more careful.<\/p>\n

Driver impairment could be a factor as well.<\/p>\n

That\u2019s particularly true if the tortfeasor (negligent actor) is departing from a bar, private club, or other establishment which serves alcohol.<\/p>\n

Alcohol impairment also raises the possibility of third party liability.<\/p>\n

The establishment which provided the alcohol could be financially responsible for damages if the consumer was underage or visibly intoxicated at the time of sale.<\/p>\n

Parking Lot Hit and Runs<\/h2>\n

Although they usually do not cause serious personal injuries, parking lot hit and runs are bad news. Dents and dings significantly lower your vehicle\u2019s value. Plus, they just look unsightly.<\/p>\n

Most drivers have uninsured motorist insurance which covers losses like these.<\/p>\n

If you need help filing the paperwork, the insurance company denies coverage, or the insurance company tries to raise your rates, speak to an attorney straightaway.<\/p>\n

Alternatively, some of these victims might be able to file claims in justice court against the property owner.<\/p>\n

Justice court is basically like Judge Judy without the cameras. A lawyer can help you get started and also represent you if necessary. But it\u2019s usually best to represent yourself in justice court claims.<\/p>\n

Parking Lot Slip and Fall Injuries<\/h2>\n

Most people sustain serious injuries in slip and fall accidents, so these cases are well above justice court\u2019s jurisdictional limits.<\/p>\n

Furthermore, the property owner usually has a posse of<\/p>\n

lawyers. So, you need legal representation in these situations.<\/p>\n

In terms of liability, the property owner is usually responsible for parking lot slip and fall injuries if the owner had a legal duty and the owner knew, or should have known, about the hazard.<\/p>\n

The legal duty in these cases usually hinges on the relationship between the victim and owner.<\/p>\n

Most slip-and-fall victims are invitees<\/strong>.<\/p>\n

These individuals have permission to be on the property and benefit the owner in some way. That benefit could be economic or noneconomic.<\/p>\n

Since the relationship is rather close, most owners have a duty of reasonable care. This duty requires them to keep the parking lot free from black ice patches and other fall hazards.<\/p>\n

A warning sign is usually insufficient.<\/p>\n

Such warning signs are often enough if the victim was a licensee<\/strong>.<\/p>\n

These individuals have permission to be on the land, but there is no benefit. Children cutting across a parking lot after school are licensees.<\/p>\n

A few victims are trespassers<\/strong>. These people have no permission to be on the land, and there is no benefit.<\/p>\n

Evidence of knowledge could be direct or circumstantial.<\/p>\n

Direct evidence of actual knowledge includes things like prior reports of icy patches. Circumstantial evidence of constructive knowledge (should have known) might be the day\u2019s weather forecast.<\/p>\n

Parking lot accidents often cause serious injuries. For a free consultation with an experienced New York personal injury lawyer<\/a>, contact Napoli Shkolnik, . We do not charge upfront legal fees in these matters.<\/p>\n","protected":false},"excerpt":{"rendered":"

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