Parking lots are filled not only with cars, but also with drivers who are making turns, waiting for pedestrians, backing out of parking spaces, or looking for one to park in. As a result, parking lots are a common site of vehicle accidents. In fact, the National Safety Council has noted that more than 50,000 crashes occur in parking lots and parking garages every year.
If you were involved in a parking lot accident either as a driver or as a pedestrian, contact a Cicero parking lot accident lawyer as soon as possible to discuss your rights and legal options. A qualified car accident attorney may be able to help you recover compensation not only for property damage to your car but also for personal injuries as well.
Illinois right of way laws dictates how drivers should interact with other drivers and passengers. For example, 625 ILCS 5/11 906 states that a driver who is driving on a road that connects a parking lot to another street always has the right of way, which means that a car driving in a parking lot should yield to that driver as they turn into the parking lot.
In addition, drivers who are either pulling in or out of a parking spot should always yield to drivers who are already driving under 625 ILCS 5/11-902, as should drivers who are making a left-hand turn should yield to other drivers. Furthermore, pedestrians in crosswalks always have the right of way.
However, determining who is responsible for a parking lot accident can be more complicated than simply determining who has the right of way, even with the help of a Cicero parking lot accident lawyer. Pedestrians, in particular, can be a problem in parking lots because they often walk in and out of parking spaces and do not cross the road at designated crosswalks.
Determining who is liable in a parking lot accident often requires an extensive review of the facts and circumstances of the accident. In general, both motorists and pedestrians are expected to behave reasonably while behind the wheel or while walking in close proximity to cars.
While demonstrating that a driver or a pedestrian has violated an Illinois traffic law may support a claim, it is also important to understand that Cicero courts follow a form of negligence called modified comparative fault. Under this theory of fault, the court may examine each person’s degree of fault and adjust damage awards in relation to each party’s individual liability.
735 ILCS 5/2-1116(b) defines fault as any act or omission that is negligent, willful and wanton, or reckless and gives rise to strict liability in tort or gives rise to liability under the provisions of any state statute, rule, or local ordinance, and is a proximate cause of death, bodily injury to person, or physical damage to property for which recovery is sought.
Therefore, it is important to support a parking lot accident case with sufficient and adequate evidence, as insurance companies often try to shift the blame for an accident so they can avoid paying out compensation. A seasoned personal injury attorney could work to prevent insurance companies and private litigants from utilizing Illinois’ modified comparative fault provision to claim that the injured individual is more than 50 percent at fault and subsequently bar them from recovering compensation.
If you or a loved one suffered an injury in a parking lot, either as a pedestrian or a motorist, contact a Cicero parking lot accident lawyer today. Even a low-speed accident in a parking lot could mean suffering broken bones, sprains, and strains, all of which can be painful and expensive to treatment
A dedicated Cicero parking lot accident lawyer could work to help you recover compensation for your injuries and losses and fight for your right to full compensation. To get started on your case, call today.