Parking Lot Pedestrian Accidents

Attorneys for Wheaton and Schaumburg Victims of Vehicle Collisions

Every driver has a duty to drive safely and follow the rules of the road. Since cars are travelling at low speeds in parking lots, they are generally considered to be safe spaces. However, this is not always the case. Drivers are often distracted or drive above the speed limit in parking lots, and may end up striking a pedestrian. If this has happened to you or somebody you love lost their life in a situation like this, our Wheaton and Schaumburg pedestrian accident lawyers can potentially help you pursue a civil lawsuit to recover the full extent of your damages.

Parking lots can be dangerous for pedestrians who have to navigate moving cars and tight spaces. The National Highway Traffic Safety Administration found that about 5 percent of all pedestrian accidents occurred in locations such as parking lots, bicycle lanes, sidewalks, driveways, crossing islands, trails, and non-traffic ways. Common causes of parking lot accidents include: poor lighting, drivers failing to stop at crosswalks, potholes, improper maintenance, recklessness or aggression behind the wheel, drivers ignoring stop signs and yield signs, failing to see pedestrians while reversing out of a parking spot, and/or drivers being distracted. Data from the National Safety Council reveals that 66 percent of drivers across the country said they would make phone calls while driving through parking lots, indicating that a driver not paying attention to the road is one of the biggest threats to pedestrian safety in parking lots. Of course, the risk to pedestrians increases significantly during the holidays when shopping is at an all time high.

Establishing Fault for a Parking Lot Pedestrian Accident

Sadly, parking lot pedestrian accidents result in thousands of severe injuries every year. In the most serious cases, these injuries lead to death. Whether you are injured in a parking lot accident or somewhere else, your legal rights remain the same. Depending on the circumstances of the collision, a pedestrian who is struck by a car in a parking lot will likely be able to recover damages through a negligence claim. Negligence, in this context, takes place when a person fails to exercise reasonable care behind the wheel. Reasonable care is defined as how a reasonably competent person would have acted in the same or a similar situation. For example, a driver using reasonable care would not blow through a parking lot stop sign understanding the risk of pedestrian accident associated with such behavior.

In some cases, pedestrians may be partially at fault for a parking lot accident. For example, a pedestrian may dart behind a car or fail to use a cross walk. Even if a pedestrian contributed to an accident, however, he or she will not necessarily be barred from recovery. Illinois follows a modified model of comparative negligence, which lets a plaintiff collect damages so long as he or she was not more than 50% at fault for injuries proximately caused as a result of the driver’s negligence. A skilled injury lawyer can help you address this sort of argument if it comes up in your case.

Recovering Damages After a Parking Lot Pedestrian Accident

Pedestrians are in an extremely vulnerable position when compared to individuals in vehicles, which makes them much more prone to serious injury. Fortunately, victims of pedestrian accidents may be entitled to monetary compensation for all damages including: medical costs (i.e., emergency room care, surgery costs, prescription costs, etc.), lost wages, pain and suffering, as well as rehabilitation costs. Every case is different so the exact dollar amount you will be entitled to will be based on the specifics of your case.

Contact a Pedestrian Accident Attorney in Wheaton or Schaumburg