Parking lots can be dangerous places for pedestrians, especially when stores are busy and there is a lot of traffic going in and out of the lot. Drivers often strike pedestrians when pulling out of parking spaces and their views are obstructed. Other times, drivers are texting on their phones or are distracted and fail to “see” pedestrians before they strike.
If you’re hit by a car in a store parking lot, you may be wondering, “Can I sue the driver and the store, or is just the driver responsible?” Assuming the at-fault driver sticks around, the first thing you would do is obtain the driver’s contact information, driver’s license number, license plate number, registration and insurance information. From there, you should contact a personal injury attorney immediately and file a claim against the at-fault driver’s insurance company.
Can You File a Claim Against the Store Too?
In addition to filing a claim against the driver’s insurance policy, can you sue the store where the accident occurred in the parking lot? Generally, stores can be held liable for injuries that occur in their parking lots providing the store was negligent in some way. For example, if a store had a pothole in the parking lot for months and the store never fixed it, the store could definitely be held liable if a customer tripped and fell in the pothole, sustaining injuries.
Stores cannot be held liable for every injury that occurs on their premises. In order for a store to be responsible for a customer’s injury, the store must have been negligent in some way. If a driver was texting and she ran into a pedestrian, that’s not necessarily the store’s fault; it’s the driver’s fault.
While premises liability laws hold store owners responsible for many types of accidents and injuries that occur inside their stores and in parking lots, these laws are not absolute. There are situations where they do not apply; a pedestrian accident can be one of these situations providing the store did not fail in their duty to keep their premises safe for visitors and customers.
Compensation for Pedestrian Accidents
When a pedestrian is struck in a store parking lot, typically the driver’s insurance picks up the bill. If the driver sped away, or if the driver was uninsured or underinsured, the pedestrian’s own uninsured/underinsured (UIM) coverage would be the most likely source to collect compensation.
If the pedestrian was struck in a parking lot by an uninsured driver and the pedestrian did not have UIM coverage, he or she will need a personal injury attorney to evaluate the accident and explore all possible avenues for compensation.
If you were injured in a pedestrian accident, contact the Law Offices of James R. Snell, Jr., LLC for a free consultation. We're here to help!