No, parking lot accidents are not always 50/50 because it depends on the circumstances surrounding the incident. If you believe you were involved in a 50/50 at fault accident, you may need to seek medical attention as well as talk to an experienced personal injury attorney about your case.
Contact Gordon McKernan Injury Attorneys to schedule a FREE consultation with one of our experienced car accident attorneys. We understand that a parking lot accident can be a confusing and complicated issue. Which is why we look forward to helping you build a strong case, so don’t hesitate to call us today!
What is the Parking Lot Accident Law in Louisiana?
Louisiana allows anyone injured in a parking lot accident to recover damages in a civil action so long as they were injured directly because of another person’s negligence. In other words, Louisiana is not a no-fault state, it’s a “tort” state.
This means that victims need to prove the other driver caused their crash and hold them responsible to recover money damages.
What Type of Crashes Happen Most Often in Parking Lots?
Determining liability in a parking lot accident is similar to determining liability in any other type of accident. The driver who is at fault is the one who acted negligently and caused the accident. Negligence can take many forms, including:
- Failing to yield the right of way
- Speeding
- Failing to obey traffic signs or signals
- Failing to use turn signals
- Distracted driving
50 50 at Fault Accident: Comparative Negligence
FYI: It’s vital to remember that both drivers in a parking lot accident can be held partially at fault, resulting in a 50 50 at fault accident.
A 50 50 at fault accident is similar to comparative negligence, which is a legal doctrine that allows for the allocation of fault between parties in a personal injury lawsuit. For example, if both drivers were backing out at the same time and collided into each other in the process, it may be considered a 50 50 at fault accident.
Under comparative negligence, the damages awarded to a plaintiff are reduced by the percentage of their own fault for the accident. For example, if a plaintiff is found to be 25% at fault for an accident and is awarded $100,000 in damages, their award would be reduced by 25% to $75,000.
Understanding comparative negligence is important for drivers because it can affect their ability to recover damages in the event of an accident. Drivers who are found to be partially at fault for an accident may be able to recover less in damages or may be completely barred from recovering damages, depending on the laws of the state where the accident occurred.
Determining Fault in Parking Lot Accidents
Determining fault in a parking lot accident can be challenging, but it’s not impossible. Some common factors that may help determine fault include:
- The location of the damage to the vehicles
- The angle of the collision
- The direction of travel of the vehicles
- The presence of witnesses or surveillance footage
Remember: As previously stated, responsibility can be shared in a parking lot accident. For example, if one driver is speeding and the other driver fails to yield the right of way, both drivers can be found partially at fault for the accident.
Who’s at Fault if You Hit an Illegally Parked Car?
When it comes to parking lot accidents, a common question asked is, “Who is at fault for hitting an illegally parked car?”
No matter the type of vehicle, every driver on the road is legally accountable for adhering to traffic and federal/state rules. Texting and driving, speeding, failing to stop at a stop sign, and running a red light are all examples of negligence. Illegal parking is also a negligent act.
For example, the driver of the unlawfully parked vehicle may share the majority of the fault as the oncoming driver may not have been able to see the stationary car. If the illegally parked car was visible when it was struck, then the other vehicle’s driver may hold most of the fault for the wreck.
Were You In A Louisiana Parking Lot Accident?
Get Gordon and Get it Done!
Let us help you understand the factors that determine fault in parking lot accidents to protect yourself in the event of an accident. Get in touch with one of our many law firms in Louisiana if you need help with your parking lot accident claim.
In the meantime, remember to always drive safely and pay attention to your surroundings, especially in parking lots!
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