When a driver fails to look both ways before backing out of a parking space or recklessly speeds through a parking lot, they increase the likelihood of a serious accident occurring. Even when driving at relatively low speeds, the force of a collision can still case significant injuries.
If you have been involved in a recent parking lot collision, it might be prudent to reach out to a skilled car accident attorney. A Johns Creek parking lot accident lawyer could explain your legal rights and whether you may be entitled to pursue compensatory damages.
Parking Lot Crash Injuries and Damages
Parking lot crashes are relatively common and can result in serious injuries and damages to the parties involved. Back and neck injuries, shoulder injuries, whiplash, contusions, and lacerations are commonly associated with parking lot collisions. When someone is injured in a parking lot accident, the costs of their medical bills, missed time from work, as well as other expenses can quickly impose a financial burden.
A parking lot accident victim can seek legal recovery through the civil courts as long as another driver’s negligence caused the crash. A Johns Creek attorney could help a plaintiff better understand what damages they may be entitled to after a parking lot wreck. Recoverable damages in parking lot crash claims include compensation for a person’s pain, suffering, medical bills, lost wages, emotional distress, diminished enjoyment of life, and future reduced earning ability.
Case Filing Requirements
To achieve compensation for their injuries, the plaintiff must file a claim by the deadline established in Georgia Law. Under Official Code of Georgia Annotated §9-3-33, this deadline is generally two years from the date of the crash. Only in rare circumstances may this deadline by extended or paused.
For example, if the injured party was a minor at the time of the collision, the two years would not start until they turned 18 years old. In most cases, however, if the injured person does not file their claim within two years, the law prohibits them from financial recovery.
Negligence Rules in Johns Creek
One of the most significant factors that could impact an injured party’s ability to recover compensation is the comparative negligence doctrine. In a traditional negligence claim, the injured party must prove that the defendant owed them a duty of care and violated that duty, thereby causing harm and damages to the plaintiff.
However, when the court finds that the injured party shares a percentage of liability for the parking lot crash, this can affect their recoverable compensation. O.C.G.A. §51-12-33 states that someone can be found partially liable for their own injuries and still collect damages, but only if they are no more than 49 percent responsible for the accident.
An injured person who bears some liability would have their compensatory award reduced in proportion to their assigned percentage of fault. If the plaintiff is equally or more at fault than the defendant for the parking lot accident, they would be barred from recovering damages.
A parking lot wreck lawyer in Johns Creek could evaluate any claims of liability made against the plaintiff by the defendant and identify any available legal arguments to refute these allegations. An attorney would fight for the maximum compensation owed to the plaintiff and work hard to defend them against claims of comparative fault made by the at-fault party or their insurance company.
Call a Johns Creek Parking Lot Accident Attorney
A Johns Creek parking lot accident lawyer could provide you with well-grounded legal counsel and help you determine how to best proceed with your case. An attorney could provide valuable insight into the viability of your claim and advise you of your best legal options to pursue full financial recovery. Schedule your confidential case evaluation today.