Car Accidents
Our lawyers handle parking lot lawsuits in Maryland. These are typically pedestrian accident lawsuits. Many of the victims our Baltimore parking lot attorneys represent are children. An estimated 50 children a week are injured in parking lot accidents.
How much is my parking lot accident case really worth? It is the question – spoken or unspoken – on the lips of every injury victim.
This page is a lot about settlement amounts in parking lot accident lawsuits. Our lawyers post the jury verdicts and settlements of our lawyers and other attorneys around the country. We have done that here in parking lot injury claims.
These verdicts might teach you a lot about the value of the case. But understand their limitations, too. No two cases are quite the same, and quite often, the critical difference between your case and the one we wrote about involved a fact that we did not mention or the significant fact in the case is not readily apparent.
Comparing types of motor vehicle injuries is one path to finding the value of your case. This is the vehicle to look at the value of your parking lot crash claim from this perspective.
Pedestrian Parking Lot Accidents
Parking lots seem pretty low risk and they are…unless you are a pedestrian. There are wrongful death cases in parking lots every year in Maryland. These are mostly involving pedestrians walking around shopping center and strip mall parking lots who are utterly defenseless against motor vehicles. The occupants of those vehicles are often more interested in finding a good space than they are in being careful.
It is therefore not uncommon for pedestrians to be backed into or even hit head on by a distracted, perfect-parking-space-seeking motorist. We also see – and have taken to trial – the “million-to-one” parking lot accident where a vehicle collision causes serious injury or death (see below).
Let’s talk about:
- The serious dangers to pedestrians in parking lots
- The types of parking lot accident cases our law firm often sees
- Who usually pays those verdicts and settlements in parking lot accident cases
- Verdicts and settlements in road rage accident cases
The Serious Risk Posed by Parking Lot Pedestrian Crashes
Often, the speed of the motorist is not the only factor in making certain accidents dangerous to the occupants and even fatal in some instances. This is especially true in the case of parking lot accidents.
Although most of these accidents do not occur at high speeds, they are still dangerous because they involve unsuspecting pedestrians and motorists. It is when one is unsuspecting that they are least on guard and most susceptible to an accident. A distracted shopper eager to get to Black Friday sales, for example, might not see the commercial vehicle backing out of the loading area and over her leg.
For obvious reasons, the risk of injury is highest when a pedestrian is hit by a moving motor vehicle, yet the risk of injury exists elsewhere as well. It is not uncommon for a motorist to curve around the bend in a parking lot looking for a space and collide head on with another motorist who came around the bend in the opposite direction.
Neither driver could see the other until the last minute and likely would be unable to apply the brakes and maneuver so as to avoid a collision. Other types of accidents might include motorists backing out of spots, failing to see that a car was behind them, and striking that car.
Most Common Road Parking Lot Accident Claims
The great majority of the parking lot claims we bring involve pedestrians. Why? The very reason you think: the injuries are not usually significant in a parking lot because the victims are protected by steel in relatively low speed collisions.
The following are common types of accidents involving parking lot incidents:
- A pedestrian is struck by a motorist who, while looking for a parking space, fails to keep a proper lookout for the safety of others. This is a small minority of the total cases, thankfully, but a large majority of the serious injury claims
- Two motor vehicles make a sharp turn into each other and collide head on
- A motorist backs out of a parking space, fails to look in the rear view mirror, and cuts off a passing car, causing a collision.
Who Pays for the Settlements and Verdicts in these Cases?
The most important question to anyone considering the pursuit of legal action is to know how much their case is worth. Well, this is a difficult question but there are a few important factors to keep in mind.
First, the other driver must be somehow at fault, in that they were careless or negligent in their operation of their vehicle. In the above example, there can be no doubt that Sherry was negligent. Also, if the victim was also irresponsible by, for example, failing to pay attention, then the doctrine of contributory negligence prevents any recovery.
Second, the amount of damages awarded usually reflect the severity of the injuries suffered. If an injury requires little to no medical attention, there is little basis for the jury to award someone a large sum of money. If, on the other hand, a victim is seriously injured and requires expensive medical care and time off from work, then he or she might be entitled to a large award. When it comes time to pay the victim of a negligent motorist, it is almost always the motorist’s insurance carrier who pays the settlement or verdict.
To dig into this issue further, you can learn here about the values of specific types of injuries.
Parking Lot Accidents Settlement Amounts and Jury Payouts
On the other hand, minor parking lot accidents, such as low-speed bumper taps, tend to have minimal settlement values. These cases often involve cosmetic damage to vehicles, and injuries, if any, are typically soft tissue issues like minor whiplash. Insurance companies frequently push for quick, low-value settlements, often arguing that such minor accidents do not warrant extensive claims or legal action.
As a result, unless there are aggravating circumstances, pursuing legal action for small parking lot accidents may not be worth the time and effort.
- 2022, Florida: $20,000 Verdict. A woman rode in a vehicle that was struck in a university parking lot. She suffered personal injuries. The woman alleged negligence against the at-fault driver and the university. She claimed the at-fault driver failed to maintain an appropriate lookout while the university allowed the existence of an obstruction in the parking lot. The jury awarded $20,000.
- 2022, Texas: $502,507 Verdict. A woman was struck by a reversing vehicle at a school parking lot. The woman injured her left knee and thigh, lower back, and hip. She sustained chronic pain syndrome and spinal radiculopathy. The woman underwent injections, physical therapy, and chiropractic care. She alleged that the at-fault driver failed to maintain an appropriate lookout while reversing. A jury awarded $502,507.
- 2022, Kansas: $2,000,000 Settlement. A pedestrian was struck in a parking lot. He suffered pain in his head, neck, ribs, chest, and knee. The man alleged negligence against the at-fault driver. He claimed he failed to yield to a pedestrian at a crosswalk. This case settled for $2,000,000.
- 2021, Oklahoma: $25,000 Settlement. A man was struck in a parking lot. He suffered unspecified injuries. The man underwent medical treatments. He alleged negligence against the at-fault driver. The man claimed she unsafely operated her vehicle in a parking lot. This case settled for $25,000.
- 2021, New York: $762,500 Settlement. A 60-something woman walked towards her car after shopping. She was struck in the parking lot. The woman suffered a rotator cuff tear and spinal herniations and bulges. She developed residual spinal nerve impingement, cervical and lumbar radiculopathy, and cervical spondylolisthesis. The woman underwent acupuncture, chiropractic, and physical therapy. She also underwent steroid-based painkilling injections and a cervical discectomy and fusion. Her treatments lasted over a year. The woman sustained residual pain. Her injuries hindered her ability to perform physical activities. The woman alleged negligence against the at-fault driver. She claimed she made a negligent left turn and failed to yield to a pedestrian. This case settled for $762,000.
- 2014: Maryland: $135,000 Settlement: Another Miller & Zois parking lot crash case. In this one, a 76 year old church member was walking through the parking lot in Baltimore County when a fellow church member rounded a blind corner and struck the Plaintiff. Plaintiff sustained a displaced bicondylar fracture of the right knee, and later developed a MRSA infection. Plaint
iff, who had been very socially active, found it difficult to recover from and suffered a great loss to her quality of life. Defendant denied any contact between her vehicle and Plaintiff. The parties chose to take the case to mediation where they agreed on a $135,000 settlement. - 2014: Maryland: $79,501.86 Verdict. The plaintiff left a bar/lounge at 2 a.m. and was walking across the parking lot and was reportedly hit by a car. The vehicle was allegedly moving backwards at the time of the collision. The plaintiff said the car stopped just before the tires ran over him. The plaintiff claimed the owner negligently entrusted the vehicle to the driver. Davis asserted the collision caused him to sustain injuries to his head, neck and shoulders as well as medical expenses.
- May 2014, Maryland: $50,829 Verdict: A 43 year-old store manager was walking in the Giant grocery store parking lot in Westminster when he was struck on the left hand side by an SUV. He visited a local emergency room the following day with complaints of knee, neck and shoulder injuries. He later sought orthopaedic treatment, pain management and physical therapy. He was ultimately diagnosed with having a cervical disc protrusion with radiating pain. The man sued the driver for failing to yield the right of way to a pedestrian. Plaintiff alleged Defendant also failed to keep a proper look-out. Defendant admitted liability, but contended the extent of Plaintiff’s injuries. The matter proceeded to trial where a Carroll County jury rendered a $50,829 for the Plaintiff.
Are Parking Lots “No-Fault” Zones?
No. Maryland is an “at-fault” state for auto accidents. This applies to parking lots the same as it does to roads and highways. If there is an accident in a parking lot the same determination of fault must be made just like in any other accident. The difference with parking lots is that there may be more ambiguity because parking lots can be private property and may not have the same street signs and traffic signals as public roads.
Will Police Respond to a Car Accident in a Parking Lot?
The police will always respond to auto accidents on public roads. However, many parking lots are on private property which means that the police may not have the same obligation to respond to an accident scene. In most jurisdictions in Maryland, however, the police will usually respond to an accident no matter where it is.
How is Fault Determined in Parking Lot Accidents?
Fault in parking lot car accidents is determined the same way as in car accidents on the road. The driver who is found to have violated traffic rules is at fault. Parking lot accident cases almost always involve some type of failure to yield or backing up into a stationary car when pulling out. The failure to yield cases can be tricky sometimes because parking lots don’t always have the same level of signage as roads. There may be “implied” stop signs in large parking lots.
Getting Counsel Because You Need an Advocate on Your Side
Parking lot injuries can be tough claims. This is particularly true if you are not a pedestrian. Because there is a school of thought percolating around insurance companies that you really cannot get hurt in a parking lot crash. Insurance companies think there is not enough speed to cause harm.. This is particularly true in cases where the injury is a herniated disc or whiplash where the injury or the origin of the injuries are in question.
If you have a parking lot injury case with serious injuries, you need a lawyer and you need one sooner rather than later. There are always factual disputes – parking lots are often he said/she said cases. As a result, there is always a great deal of evidence to gather for a sophisticated injury case.
If you would like us to steer you through this maze, call 1.800.553.8082 or reach out to us online.
More Information
- Is there a formula to calculate settlement values?
- My accident was pretty small? Do I have to report my accident to the police or the insurance companies?