Kentucky Parking Lot Accident Lawyer

We usually drive in order to get from one place to another. Often our destination has a parking lot, whether it’s for our employer, grocery store or a friend’s apartment building. Anywhere vehicles mix in Kentucky there’s the danger of accidents and injuries. Given how mixed parking lots are, with distractions both inside and outside vehicles, it should come as no surprise that parking lots are frequent scenes of accidents.

• A Tyson Foods employee was killed when she was struck by a company truck in the parking lot of her employer in Henderson, reports 14News.
• Two pedestrians were killed and seven others were injured after a drunk driver lost control of his vehicle and struck a crowd standing near a food truck in a Louisville parking lot, according to the Chicago Tribune.

There are thousands of Kentucky parking lot accidents every year.

The National Safety Council (NSC) estimates that about 60,000 people are injured and 500 or more die in more than 50,000 crashes that happen in parking lots and garages every year. An NSC survey of drivers found 66% would make phone calls while driving in a parking lot, and 56% would text. The survey found that respondents admitted they would do the following while driving through parking lots:

• Program a GPS device (63%)
• Use social media (52%)
• Send or receive emails (50%)
• Take photos or watch videos (49%)
• Use a smartwatch (43%)
• Surf the Internet (43%)
• Video chat (42%).

The Kentucky State Police report that in 2015 there were 23,614 accidents in parking lots, killing six people. In Fayette County that year, there were 3,565 accidents in parking lots and on private property, injuring 96 people. The most common contributing factors to these accidents were failing to keep a vehicle under control, inattention, failure to yield right of way, overcorrecting/oversteering and driver illness.

Many parties may be to blame for a Kentucky parking lot accident.

There can be many parties who may be responsible for a parking lot accident, including drivers and owners of parking lots. Nearly all personal injury lawsuits filed are based on an allegation that the defendant was negligent in some way, which caused the injuries and damages. To show negligence, a plaintiff must prove all of the following:

• The defendant owed the plaintiff a legal duty to do, or refrain from doing, something.
• The defendant violated that duty.
• The violation of that duty caused the accident, both factually and legally.
• The plaintiff suffered injuries as a result.
• Under the law the plaintiff can be awarded damages because of that injury.

A driver may be negligent because he or she violated a duty of care and drove too fast, was distracted, intoxicated or failed to yield the right of way. The owner of the parking lot could also be negligent if it acted in a way, or failed to act, that resulted in a dangerous parking lot.

• It could be that the parking lot is unsafe due to bad design, poor signage, bad lighting or poor maintenance.
• If a parking lot is known as a short-cut around traffic lights or a stop sign, an owner may be held liable if it doesn’t do enough to prevent or discourage drivers from using the lot in this fashion.
• If a parking lot is a known “hangout” that attracts large numbers of young drivers who may pose a risk due to street racing or intoxication, an owner may need to take steps to prevent its parking lot from being the scene of an accident.

A tenant in a shopping center parking lot may be the cause of an accident. If a bar or restaurant negligently serves alcohol to an intoxicated customer and that person causes an accident in the parking lot, that business could be a defendant in a lawsuit.

Don’t try to resolve your Kentucky parking lot accident claim by yourself.

Because there are many possible defendants in a parking lot accident case, it’s critical that you contact an attorney as soon as possible after the accident. Your accident may appear to have a clear cause, but a full investigation by our team may find several parties responsible for creating the conditions that led to the accident.

By handling your case by yourself you may let parties off the hook because you didn’t know the applicable law and all the facts of the situation.

If you or a loved one has been involved in a vehicle accident of any type and you were not at fault, you need to know your rights and seek legal protection. You can bet the insurance company knows what to do to keep you from getting fair compensation. We can help. Call Julie Butcher, the Lexington, Kentucky, Vehicle Accident Lawyer at 859-233-3641, or fill out our online contact form for a free consultation.