Determining Fault After Pulling Out of a Parking Lot

Even if you are a safe driver, sometimes other drivers can be unpredictable like when they are pulling out of a parking lot. It might not be necessarily that easy to prove fault in an accident like this. The important thing to do after an accident with a car when it was pulling out of a parking lot and it was not your fault is to act immediately. You should gather sufficient evidence at the accident site to prove you were not to blame if it was the other driver’s unpredictable driving that caused the accident.

Example of an Accident With a Car Pulling Out of a Parking Lot

Often car accidents caused when a driver was pulling out of a parking lot have a few reasons explaining why the accident happen. Examples of how an accident can occur include:

  • driver is driving while under the influence of drugs and/or alcohol;
  • driver is suffering from fatigue and loses concentration when driving out of the parking lot;
  • driver is distracted when texting or calling on a mobile device like a phone or tablet;
  • driver deliberately pulled out of the parking lot recklessly which caused the accident.

Damages that Might Occur in an Accident Caused By a Driver in a Parking Lot

Depending on how much damage was done to your vehicle and how gravely injured you are, you will get any damage to your vehicle included in your personal injury claim as well as loss or damage to personal belongings. In addition to that you can expect to receive the full cost of all medical treatment, a percentage of the wages you are losing while you are unable to work and an amount calculated for pain and suffering due to the accident. Lastly, punitive damages may be included in the PI claim if you have the proof that the driver caused the parking lot accident deliberately.

How to React in an Accident Caused By a Driver Pulling Out of a Parking Lot

As soon as the accident has taken place, you should make sure you, and if you are carrying passengers, are safe and get the necessary medical treatment. You should then begin the process of gathering evidence to prove who caused the accident. The sorts of evidence that is most useful in this type of car accident include:

  • taking photos of the scene of the accident;
  • providing the car repair bill;
  • providing receipts and invoices for medical treatment;
  • providing a medical diagnosis from your doctor including treatment and expected recovery time;
  • exchanging information with other drivers who saw the accident;
  • asking the police officer who attended the accident for the police report;
  • asking eyewitnesses to provide full accounts of the accident;
  • accessing surveillance camera footage in the parking lot, if available.

Determining Fault After Pulling Out of a Parking Lot

Speak With an Attorney

Even if you think that you have a clear case for proving fault in the accident caused by a driver pulling out of a parking lot, it is not necessarily how the at-fault driver’s insurer views it. If you have a PI attorney working on your behalf, it may help you win a better PI claim because the insurer will be less likely to hold up the claim. This means you are far more likely to win a favorable PI settlement than if you took on the insurer on your own.

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