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When you think of car accidents, you probably first think of a collision in a busy intersection, a narrow rural road, or a major highway with lots of cars traveling at high speed. While serious crashes certainly can and do happen in all these locations, they can also occur at much lower speeds and in much tighter quarters while still causing serious injuries and losses for the people involved.
Parking lot accidents in Philadelphia are not quite as dangerous as other types of wrecks, but they can still serve as grounds for personal injury lawsuits in many situations. If you have been severely hurt in this sort of crash and want to make the most of your right to civil recovery, you should make it a priority to contact and then retain professional support from an experienced auto accident attorney.
Building a Strong Civil Claim Over a Parking Lot Collision
Just like with virtually every other type of car accident, successfully filing suit over a parking lot wreck in Philadelphia requires proving at least one other person was negligent about the wreck. More specifically, the injured person attempting to recover compensation would need to prove that their accident meets all the following conditions:
- The defendant they are suing had a duty of care to act responsibly and lawfully under the circumstances—a given for basically every car accident lawsuit since all drivers have the same basic duty to follow traffic laws and pay attention behind the wheel
- The defendant breached their duty through a specific reckless, careless, and illegal act
- That breach of duty was the proximate—meaning main and direct—cause of an otherwise preventable accident
- That accident directly caused at least one injury requiring some form of professional medical care
A seasoned attorney can, among other things, provide vital assistance with collecting, preserving, and effectively utilizing evidence to establish all these elements of legal negligence, including witness testimony, surveillance/dashboard camera footage, crash scene photos, and even input from accident reconstruction experts.
Getting Past Legal and Procedural Obstacles
Legal counsel can also play a key role in proving that an injured person suing over a Philadelphia parking lot injury was not at fault for causing their injury through their negligent behavior. Otherwise, 42 Pennsylvania Consolidated Statutes § 7102 would allow a court—or an insurance company that knows a court would support them if needed—to assign a percentage of comparative fault to that person and then reduce the amount of money available to them based on that percentage, or even deny compensation altogether if that percentage exceeds 50 percent.
Another possible legal roadblock worth knowing about in advance is the statute of limitations codified in 42 P.S.A. § 5524. Even if someone else is entirely to blame for a parking lot crash, waiting more than two years to file suit after the incident may result in the claim being considered time-barred and permanently thrown out of court—an outcome that skilled legal representation can help to prevent.
Consult with a Philadelphia Attorney After Your Parking Lot Accident
Parking lots may not be as dangerous as an interstate or a packed four-way intersection. However, serious accidents can still happen in places like this, especially when drivers are not paying attention to nearby vehicles and pedestrians. Fortunately, you have the same right to seek civil restitution after a parking lot accident in Philadelphia that you have after any other accident caused by another person’s misconduct.
Guidance from a knowledgeable lawyer at Lowenthal & Abrams will make a huge difference in how efficiently you can pursue your unique claim and the odds of obtaining the compensation you deserve. Schedule an initial meeting by calling the firm today.
