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Parking Lot Crash Fault and Insurance in Texas

 

When we think of car accidents, most of us picture high speed highway wrecks. However, many car accidents don't happen on the road at all, but rather in the parking lots of grocery stores, malls, shopping plazas and other businesses. 

As a car wreck lawyer, I can tell you that car wrecks in parking lots are no laughing matter. Even though parking lot collisions tend to involve low speeds, there's a higher rate of pedestrian-car accidents, which often lead to more significant injuries. 

Common Causes of Parking Lot Wrecks

There are lots of reasons why people wreck in parking lots. Some people are distracted by cell phones or new purchases or children in the backseat. Some drivers want to cut across the parking lot, ignoring marked lanes to get around quicker. Some simply have bad blind spots and don't see other cars or pedestrians as they're backing out.

No matter what caused the other driver to hit your car, the reality is that you are suffering injuries as a result of someone else’s negligence. The attorneys and legal team at the Anderson Law Firm take our clients’ cases very seriously, and we do not stop until we give our clients the full and complete help and care they deserve.

Who's At-Fault in a Parking Lot Wreck?

The driver responsible for causing the accident is referred to as the “at-fault” driver, meaning they burden of the accident goes to them (or more specifically, their insurance company). After a collision, it's important to determine who caused the accident because that person (and their insurance) will be responsible for paying for all the damages and injuries they caused. 

I've written extensively on how to determine fault in a car accident, which you can find here, where you can learn more in-depth about how important pieces of evidence can lead to establishing fault. However, I'll give a brief overview here. 

Sometimes, it's very clear who caused the accident (Joe backed into Sally's parked car. Clearly Joe caused the wreck). If Joe admits fault, apologizes and assumes responsibility for his mistake, the case will be rather straightforward. Sally will file a claim against Joe's insurance and they'll take it from there. 

However, parking lot accidents aren't always straightforward. Sometimes, Joe will deny fault ("I didn't cause the wreck. SHE backed into ME!"). Sometimes, both drivers took part in the accident (Joe and Sally were both baking out at the same time). Sometimes, the situation is even more complicated or involves multiple parties and it isn't clear who's at-fault. 

In a nutshell, if you were hurt in a parking lot accident and you think another driver is to blame, you're going to have to prove it. You can read more about all that goes into determining fault in my article, Who's At-Fault in a Car Accident?

What Insurance Do You Use After a Parking Lot Wreck?

First, you'll use the insurance of the at-fault driver. If you caused the wreck, you'll use your insurance. If another driver caused the wreck, you'll get their information and contact their insurance provider. 

It is important to note a difference between insurance policies that cover property damage and policies that cover bodily injury. Does one thing not cover the other? Not exactly. For example, let’s say your car was totaled and you suffered injuries after a speeding driver ran right into you in a parking lot. The at-fault driver’s insurance policy could cover for your car’s property damage, but it could leave your medical bills untouched. This is not an uncommon scenario that insurance companies create when they deny injured victims compensation for their medical expenses. As many accident victims have found, the at-fault driver’s insurance company may payout the full amount of the car but would much rather take the medical expenses to their lawyers so they can figure out ways to avoid paying. Are you alone able to fight a group of lawyers? This is where the Anderson Law Firm comes in to help.

We represent injured clients who all they want to do is to recover without the burden of debt. In other words, we fight the insurance company and their legal team for a settlement that covers for your medical bills, pain and suffering, lost wages, and more.

What If the Other Driver Doesn't Have Insurance? 

Unfortunately, it's estimated that 25 percent of Texas drivers aren't carrying any auto insurance. If you were hit by a driver without insurance, you'll need to use your uninsured motorist insurance (assuming you have it). In short, uninsured or underinsured motorist (UI/UIM) insurance is a policy found under your insurance plan that covers things like hit-and-runs - where the at-fault driver fled the scene - and instances where the at-fault driver has insurance, but their policy is not sufficient to cover for all of the medical expenses.

        > You can read more about what to do if you're hit by an uninsured driver here. 

In other words, if you were injured in a parking lot accident, you have options. If you have any questions about what steps you can take or what options you have available, please do not hesitate in giving us a call today. Our law firm has a successful record in helping injury victims receive the compensation they deserve for their accident.

Could a Lawyer Help Win Your Case? 

Not everyone needs an injury attorney after a parking lot accident. Then again, many people do. If you were hurt in an accident that wasn't your fault and you're worried about getting your medical bills paid, proving fault, dealing with the insurance company or fighting your claim, it's time to set up a free consultation with the Anderson Law Firm. 

Mark Anderson is a board certified trail attorney who has been helping injured drivers and motorcyclists across North Texas since 1991. For a free no obligation consultation, call the Anderson Law Firm toll free at 817-294-1900.


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Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas