Parking lots can be dangerous places for
pedestrians, especially when stores are busy and there is a lot of traffic going in
and out of the lot. Drivers often strike pedestrians when pulling out
of parking spaces and their views are obstructed. Other times, drivers are
texting on their phones or are distracted and fail to “see” pedestrians
before they strike.
If you’re hit by a car in a store parking lot, you may be wondering,
“Can I sue the driver
and the store, or is just the driver responsible?” Assuming the at-fault
driver sticks around, the first thing you would do is obtain the driver’s
contact information, driver’s license number, license plate number,
registration and insurance information. From there, you should contact a
personal injury attorney immediately and file a claim against the at-fault driver’s
Can You File a Claim Against the Store Too?
In addition to filing a claim against the driver’s insurance policy,
can you sue the store where the accident occurred in the parking lot?
Generally, stores can be held liable for injuries that occur in their
parking lots providing the store was negligent in some way. For example,
if a store had a pothole in the parking lot for months and the store never
fixed it, the store could definitely be held liable if a customer tripped
and fell in the pothole, sustaining injuries.
Stores cannot be held liable for every injury that occurs on their premises.
In order for a store to be responsible for a customer’s injury,
the store must have been negligent in some way. If a driver was texting
and she ran into a pedestrian, that’s not necessarily the store’s
fault; it’s the driver’s fault.
While premises liability laws hold store owners responsible for many types
of accidents and injuries that occur inside their stores and in parking
lots, these laws are not absolute. There are situations where they do
not apply; a pedestrian accident
can be one of these situations providing the store did not fail in their duty
to keep their premises safe for visitors and customers.
Compensation for Pedestrian Accidents
When a pedestrian is struck in a store parking lot, typically the driver’s
insurance picks up the bill. If the driver sped away, or if the driver
was uninsured or underinsured, the pedestrian’s own
uninsured/underinsured (UIM) coverage would be the most likely source to collect compensation.
If the pedestrian was struck in a parking lot by an uninsured driver and
the pedestrian did not have UIM coverage, he or she will need a personal
injury attorney to evaluate the accident and explore all possible avenues
If you were injured in a pedestrian accident,
contact the Law Offices of James R. Snell, Jr., LLC for a free consultation. We're here to help!