In general, drivers backing out of a parking space should yield the right of way to oncoming traffic; however, certain behaviors can make another driver liable in a car accident in this situation. For example, if the other driver failed to follow any traffic law, they could share liability for the collision.
A Dallas car accident lawyer can investigate your accident and determine if another party bears all or partial fault for your parking lot collision.
When Backing Out of a Parking Spot, Oncoming Traffic Has Right of Way
According to Texas Transportation Code § 545.415, drivers who are backing out of a parking space must yield the right of way to oncoming vehicles. So, you must make sure the way is clear for them to proceed. However, you could still have financial recovery options if you were injured in an accident while backing out of a parking spot.
Instances Where Oncoming Traffic May Bear Liability
When parking lot accidents happen while a vehicle is in reverse, some may assume the driver backing out always bears liability, but this is not always the case. As noted, there are some instances where an incoming motorist bears full or partial liability.
For example, if the oncoming driver chooses to drive negligently, they may bear partial responsibility for the accident. This can happen when drivers break traffic laws, such as by:
- Speeding
- Driving under the influence of alcohol or drugs
- Engaging in distracted driving
Other actions may constitute negligence. When another driver’s negligence causes or contributes to your accident, you may have a case for compensation. A car accident lawyer can get to the bottom of your accident and work to hold another party responsible.
Establishing Negligence in a Parking Lot Auto Accident Case
As with any car accident case, you need evidence to prove the other party’s negligence. Generally, this involves demonstrating that the other driver:
- Owed you a duty of care
- Breached that duty, such as by breaking a traffic law
- Directly caused or contributed to your accident
- Caused you to incur damages, such as medical bills
Our lawyers can substantiate your insurance claim with various documents, including the police report, witness statements, and accident reconstruction data.
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Potential Compensation in a Car Accident Case
Even seemingly minor parking lot accidents can lead to lasting injuries. For example, whiplash can turn into chronic pain, especially if you delay or forgo medical treatment. What may initially seem like a headache could actually point to a traumatic brain injury.
You may stand to collect various damages after any type of car accident, but your potential compensation depends on the severity of your injuries and their effect on your life.
Your accident-related injuries may warrant awards for:
- Current and ongoing medical expenses
- Pain and suffering
- Lost income (if you had to take time off work)
- Reduced earning capacity (if you cannot earn your pre-injury wages)
- Scarring and disfigurement
- Disability
- Emotional distress
- Property damage costs
- In-home aid
- Lost quality of life
- Wrongful death damages (if you lost a loved one in a car accident)
Our personal injury lawyers can gather evidence of your losses, such as receipts, invoices, and wage statements, to seek fair compensation from a liable party.
A Car Accident Lawyer Offers Comprehensive Legal Services
After a car accident, you deserve to focus on your physical recovery and getting your life back in order. You can hire a personal injury attorney to handle the legal process or the claims process for you.
They can:
- File a personal injury claim or lawsuit
- Gather evidence of negligence
- Identify a liable party
- Communicate with insurance providers and the other party’s representatives
- Handle all of the necessary paperwork
- Negotiate a fair settlement
- Represent you in a trial if necessary
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You Have a Limited Time to File a Personal Injury Lawsuit After a Car Accident
Regardless of how your car accident occurred, you generally only have two years to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. This means that our car accident team must investigate your accident, gather evidence, and possibly negotiate with an insurance company before we take legal action.
The sooner you start your case, the better we can protect your right to seek fair compensation from a liable party. If you miss this deadline, you risk having the court dismiss your case entirely. This would leave you with few (if any) options for holding the negligent party financially accountable for your losses.
You Can Hire a Car Accident Lawyer on Contingency
You may wonder how you can afford a car accident lawyer, especially after dealing with mounting medical bills and lost income. With our personal injury law firm, you don’t have to worry about that.
Our car accident lawyers can take your case on contingency, meaning we do not have to charge you upfront fees or hourly retainers. We only take a percentage of your potential compensation at the end of your case.
We Also Offer Free Consultations
Our law firm also provides free initial consultations to help accident victims learn about their legal options. We can listen to your story and answer your questions. We advocate for accident victims and their families. You can also learn more about what our car accident attorneys can do for you.
Call Loncar Lyon Jenkins to Explore Your Financial Recovery Options
You don’t have to guess whose fault it is when you experience a car accident in a parking lot. The car accident lawyers with Loncar Lyon Jenkins can determine who had the right of way. We can also determine what options you have for recovering the cost of your injury-related damages.
Call us for a free consultation. There’s no obligation when you call.