Although it is commonplace for both vehicles and pedestrians to inhibit parking lots at most hours of the day, accidents still happen. Drivers entering lots and garages are required to have a heightened sense of safety, and we they do not, they are bound to collide with another vehicle.
If you wish to recover compensation from a negligent driver following a parking lot accident, schedule a consultation today to review your eligibility for monetary damages. A North Charleston parking lot accident lawyer could take charge of your case while you focus on healing from your injuries.
How are Parking Lot Accidents Unique?
The overarching concept there would be that parking lots are private property. I mean, they obviously still have a legal duty to drive safely, and fault would be determined by the same general rules, but its private property. So they don’t necessarily have to file a police report, but obviously, they would recommend that someone do that, because it makes evidence gathering a whole lot easier, and frankly, that’s a pretty important concept.
Then another issue in regard to it being private property, the property owner is more likely to be involved, so typically, it’ll be a business or something of the like, and that would also probably fall under any umbrella, a type of insurance policy that I previously mentioned.
Importance of Slower Speed Limits and the Presence of Pedestrians
I mean, speed limits, obviously, the law. So if they’re not abiding by the law, generally, then that’s an issue and in regard to negligence. But pedestrians obviously face a pretty unique risk, because even a slow speed impact with somebody can be fatal or catastrophic. However, some wrecks in this instance, could be the pedestrian’s fault. While a driver obviously has both law and a common decency to drive carefully, pedestrians can be at fault in an accident, especially thinking from a day-to-day basis when people are on their cell phones all the time. So it’s obviously more important to, when they’re pedestrian, to pay attention.
How Do Insurance Companies Treat Parking Lot Accidents?
Basically in that regard, an at-fault driver’s insurance should cover any property damage. But if it’s hit-and-run, though, or if the at fault driver doesn’t have any insurance or not enough insurance coverage, they have to rely on their own auto insurance coverage to cover the damage, if they do have it. Otherwise, I would say that the insurance companies would treat it frankly the same, it’s just the private property is a separate aspect involved. Otherwise, everything is pretty much run of the mill.
Role of Contributory Negligence
Well, South Carolina follows an at fault tort system, which means that in order to recover damages they must show fault on the part of the other driver. South Carolina actually follows a modified comparative negligence rule and not contributory negligence, which is a whole lot different. But under South Carolina law, under a modified comparative negligence rule, even if they’re partly to blame for causing an accident, they can still recover damages as long as their negligence in causing the accident wasn’t greater than that of the person that they’re suing. So basically, to recover damages, they need to be 50% or less at fault. But like I said, South Carolina doesn’t follow a contributory negligence system.