Especially in largely suburban areas like Peoria, many drivers spend just about as much time navigating their cars through parking lots and garages as they spend driving on public roads. Unfortunately, this means that a significant number of traffic collisions happen inside parking lots—and as you may have learned the hard way, a not-insignificant number of those wrecks wind up having long-lasting and even life-changing consequences for the people involved.
If you have suffered a serious physical injury due to another driver’s negligence in a parking lot or garage, you have help available from a seasoned car accident lawyer with understanding and enforcing your right to financial recovery. Our team at Phillips Law Group is not afraid to take cases like this all the way to trial if necessary to get injured people paid what they deserve, and we will fight tenaciously to ensure your claim over your parking lot accident in Peoria has the best possible outcome for you.
Establishing Fault for a Parking Lot Collision
Whether in a parking lot, a busy intersection, on an interstate highway, or anywhere else, establishing civil fault for a traffic accident in Arizona virtually always entails proving that a specific person was negligent. More specifically, holding someone else financially accountable for a crash means proving that they directly caused that crash to happen by acting recklessly, carelessly, or illegally in violation of the “duty of care” all drivers have to act responsibly behind the wheel.
When it comes to parking lot crashes in Peoria, legally actionable negligence can look like anything from an overtly unlawful act like speeding to a simply irresponsible one like driving while distracted by a GPS readout or another passenger in the car. However, it is worth mentioning that parking lot owners are generally not considered liable for wrecks inside their lots unless their negligent property management directly contributed to causing the wreck in question—for example, if the owner failed to fix a pothole despite knowing about it for a long time, and that pothole caused a driver to swerve into and strike a pedestrian.
Fighting Accusations of Comparative Negligence
It should also be emphasized that being injured in a Peoria parking lot collision does not absolve someone of being found partially at fault for causing their own injuries through their own negligent behavior. If a court finds that a crash victim played a role in their own accident, that court can assign a percentage of “comparative fault” to that person and then reduce the value of their final damage award in accordance with Arizona Revised Statutes §12-2505.
Insurance companies can—and usually will—also reduce settlement offers on similar grounds, so comparative negligence can have a big impact on recovery, even during private settlement talks. On the bright side, Arizona takes a “pure comparative fault” approach to this legal concept. As long as an accident victim can prove someone else played at least some role in negligently causing their injury, they can still demand at least some compensation for a portion of their ensuing losses.
Contact a Peoria Attorney for Help With a Parking Lot Accident Claim
Traffic accidents are always difficult to move on from in emotional terms, let alone in physical and financial ones. However, with support from a knowledgeable legal professional, you will be able to more effectively enforce your rights under Arizona state law and demand compensation that will minimize the negative effects your incident has on your life in the long term.
Parking lot accidents in Peoria are exactly the type of case that the seasoned auto injury lawyers at Phillips Law Group know how to efficiently pursue. Call today to schedule a free, no-obligation consultation with a member of our legal team.