While we usually think of collisions at intersections and on highways, car accidents in parking lots are not uncommon. These incidents can lead to injuries and damage to vehicles, and navigating the aftermath can be complicated.
Contact our Lawrenceville car accident lawyers for help if you’ve been in a parking lot wreck in Georgia.
Georgia’s Premises Liability Law
Under Georgia’s premises liability law, the owners or managers of a parking lot have a duty of care towards their customers. This means they are required to maintain the parking lot in a reasonably safe condition. If the parking lot is not properly maintained, leading to unsafe conditions such as poor lighting or potholes, the owner or manager could be held liable for any injuries that occur as a result.
Fault for Car Accidents in Parking Lots
In Georgia, the assignment of blame in a parking lot crash hinges on the specifics of the incident and the contributing factors, such as who had the right-of-way during the collision.
Your lawyer will gather evidence to support your case. This will typically include the police report as well as photos of the vehicles and accident scene. When an accident occurs in a parking lot, footage from any nearby security cameras can provide compelling proof.
Liability for a car accident is based on negligence. There are four elements in proving your case.
- Duty of care: All drivers are expected to follow traffic laws and drive safely.
- Breach of duty: The other driver was reckless, careless, or negligent in some way.
- Causation: The driver’s negligence caused the accident.
- Damages: You suffered damages as a result.
When both drivers share some blame for a collision, Georgia uses a “comparative fault” system to determine which driver must pay, and how much. Specifically, the state uses the modified comparative negligence principle.
Under Georgia’s system, the court assigns each driver a percentage of fault. For example, one driver might be 70% at fault, while the other is 30% at fault. The driver who is 30% at fault would have his or her compensation reduced by 30%. You cannot collect compensation if you are 50% at fault.
Compensation for a Parking Lot Accident
If you’ve been involved in a parking lot accident in Georgia, you may be entitled to claim damages. The types of damages you can claim typically fall into two categories: economic and non-economic damages.
Economic damages are the quantifiable costs resulting from the accident. They include:
- Medical Expenses: This includes the cost related to your medical treatment such as emergency room visits, hospital fees, surgeries, therapy, prescription medications, and any future medical expenses related to the accident.
- Lost Wages: If the accident resulted in you not being able to return to work, you could be compensated for the income you lost. If the accident impacts your ability to work in the future, you may also be entitled to compensation for lost earning capacity.
- Property Damage: This covers the cost to repair or replace damages you sustained to your motor vehicle.
Non-economic damages are less tangible and more subjective. They include:
- Pain and Suffering: Any emotional trauma and suffering you experienced as a result of the accident
- Loss of Enjoyment of Life: If the accident has impacted your ability to enjoy daily activities or hobbies, you may be entitled to compensation.
- Emotional Distress: This includes compensation for any emotional and mental problems you experience.
In Georgia, the party found to be responsible is required to compensate the other party for any damages resulting from an accident. This compensation typically comes from the at-fault party’s liability insurance policy. If you can successfully prove negligence and establish fault, you may be eligible for compensation.
If you are involved in a parking lot accident, you require the assistance of an experienced car accident attorney. Contact 1Georgia Personal Injury Lawyers at 678-635-9939 to schedule your free case review.