Parking Lot Accident Lawsuit Loans
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Parking Lot Accidents
Parking lots are known as convenient (and sometimes, overpriced) locations. They make schools, office buildings, malls, and other destinations accessible to drivers. However, it is important to be aware that parking lot car congestion and unmaintained grounds can lead to injury. In fact, According to the National Highway Traffic Safety Administration (NHTSA), one out of every five car accidents occurs in parking garages and parking lots.
While it is up to the parking lot’s owner to provide a safe environment, it is also up to the drivers to take the necessary precautions when behind the wheel. Continue reading this article for more information on parking lot lawsuits and parking lot lawsuit loans.
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National statistics and fatality
According to the NHTSA, in 2011 1,000 people were injured as a result of a parked or non-moving car.
Cars backing out of parking spots accounted for 16,000 injured pedestrians in parking lots.
This report shows that yearly there are at least 14,000 individuals who are harmed by cars backing out of parking spots.
In 2011 59 individuals were in fatal accidents with non-moving parked cars. 189 individuals were in fatal accidents with cars that were backing out of parking spots.
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Common causes and how to avoid them
Here are some of the most common hazards in parking structures that cause accidents:
- Car accidents – one car hitting one another, typically caused by distraction
- Slip and falls – the most common parking lot accidents, are the most caused by slippery floors (oil, ice, rain, etc.), cracked and uneven pavement and potholes, and cracked or dislocated wheel stops
- Lack of signage – lack of stop, turn or yield signs can lead to car crashes and pedestrian injuries
- Insufficient lighting – lighting can affect a driver’s vision as well as a pedestrian’s vision, leading to slip and falls and car accidents
- Damaged or nonexistent stairwell banisters – this can lead to pedestrian falls, resulting in severe injury
Avoidance
Below we have listed some ways you can avoid a parking lot accident
- Slow down – when in a parking lot you should slow down and remain cautious of others
- Watch out – watch out for people who are walking in the parking lot to their cars
- Technology – if you have parking assistance technology or rear-end cameras use them as much as possible
- Blind spots – adjust your mirrors to see your blind spots
When walking in a parking lot your tips will differ from if you are already in a car. Here are some tips on how pedestrians can avoid accidents:
- Right of way – even if you have the right of way, let people are driving quickly go first
- Careful – be mindful of any cracks or uneven surfaces in the structure to make sure you don’t fall
- Remember – make sure you remember where you parked or set the location on your mobile device. You want to limit aimless wandering as much as possible
- Walk near parked cars – you want to avoid walking in the middle of the road. Walk as close to the parked cars as possible to avoid injury
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Who is at fault
Depending on who is at fault, parking lot injuries can mean premises liability or auto accident lawsuits, or both. If features of the parking lot itself (cracks, poorly marked steps or barriers, etc) caused the accident, then the property owner may be at fault. If your parking lot accident was caused by another vehicle, their auto insurance will cover the damages.
It is important to remember that the owner is only subject to liability if the accident was foreseeable. For example, it is unfair to hold a parking lot owner accountable for every single crack in the pavement. In order to hold the owner liable, these dangers need to be apparent during an inspection or previously reported by another guest or employee.
Another potential guilty party in parking lot injuries is negligent drivers. Many throw caution to the wind when in parking structures, which often leads to tragedy. According to a NHTSA study (page 23), more than 9,000 pedestrians are injured or killed each year in parking lots and garages. These injuries and fatalities occurred because of driver carelessness.
Proving Negligence
Like any personal injury case, it is important for the injured party (or plaintiff) to show the burden of proof or evidence. Valid evidence includes the following:
- Surveillance footage – This is essential, but may be hard to obtain. Be sure to follow up with the owner to get the footage that shows the accident. Your lawyer can request it, making it illegal for the owner to get rid of footage
- Photo and video – Immediately after the incident, be sure to take a photo and video. These will serve as solid proof of the hazard and injury
- Witness statement – Quickly try to get written statements from any witnesses present, documenting that the hazardous condition or negligent driver led to your accident. Get their signatures on these statements as well
- Traffic accident report – Even though most parking lot accidents can be minor, there is also lots of room for revisionist interpretation. Did that person back into you or did you rear-end them? Having the police come and write a report might be critical for your future lawsuit.
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Right of way laws
When in a parking structure it is difficult to always understand who has the right of way. There are typically multiple lanes, with pedestrians walking around and cars attempting to exit and reenter traffic.
As a general rule, cars in the right lane have the right of way. Therefore drivers who are attempting to re-enter traffic must give the right of way to the car already in the lane. This means that if a driver backing out of a parking spot hits a car in the moving lane, they will likely be held responsible.
The same is true with pedestrians. They are supposed to yield to the oncoming cars and wait for them to be clear before crossing to reach their cars. While walking in the parking lot they should walk as close to the parked cars as possible.
The only exception to the right of way of cars in the moving lane is if there is a STOP or YIELD sign.
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Parking lot lawsuit loans
Unfortunately, the plaintiff is often left with the financial burden until settlement arrives. Oftentimes, the defendant will purposefully draw out a case, which pressures the plaintiff to settle for a lower amount.
Parking lot lawsuit loans can help. Legal funding companies value a strong case with solid evidence. To qualify for parking lot car accident or premises liability lawsuit loans, your personal injury attorney will likely need to provide Uplift with the following information:
- Documentation supporting liability – legal funding companies’ first concern is a liability – is it clear who’s at fault?
- Information on insurance coverage – most lawsuit funding companies only fund claims against insurance companies
- Information on damages – how were you hurt and what has treatment cost to-date?
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FAQs
Below we will answer some commonly asked questions about parking lot accident loans
Why choose Uplift for my Parking lot accident loan?
There are many benefits to choosing Uplift Legal Funding for your parking accident lawsuit loan. Not only are we one of the most reputable legal funding companies, but we actively care about our clients and want to do what’s best for them.
Below we have listed several reasons why Uplift is the right legal funding company for you:
- No win no pay – if you do not win a settlement you do not pay the lawsuit loan back. It’s that simple
- Never pay more than your settlement – if your settlement is less than how much you took out, you do not have to pay the full amount back
- One on one – we work one on one with you and your attorney to get you approved quickly
- Funding – once you are approved we get your funding to you within 24 hours
- Approved – because parking lot accident loans usually have clear liability, we will get you your funding within 24 to 48 hours
How long will it take for me to get my parking lot accident lawsuit loan?
It will take between 24 hours and 48 hours for you to get approved for a car accident loan on your parking lot accident claim. We work with your attorney to try and get you approved as fast as possible because we know this funding is crucial.
The faster we can get document information from your attorney, the faster we can get you funding. If the process is taking a little longer than expected then we make sure to keep you in the loop. One of our personal injury case managers will contact you daily in order to make sure you know what part of the process your application is at.
Can a parking lot lawsuit loan help me get a larger settlement?
Lawsuit loans can definitely help you get a larger settlement. This is because it will allow you to stay in your case longer because you don’t have financial issues to worry about.
Insurance companies will often offer you lower settlements than what your case is worth because they know you are injured and need funding. However, if you have legal funding then you will be able to turn down the low funding and fight your case longer.
The longer your attorney has to work the case, the higher likelihood that you will get a large settlement. With a cash advance from Uplift, you will be able to keep financial issues at bay and stay in your case.
Uplift Legal Funding
If you or a loved one is the victim of a parking lot accident, Uplift Legal Funding can help. Let us cover your medical costs, lost wages, and other living expenses so that you can negotiate a higher settlement. Best of all, if you do not win the case, you do not owe us anything! Apply online or give us a call at (800) 385-3660.
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