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ARTICLES BY OUR HAMILTON PERSONAL INJURY LAWYERS

Pedestrian Parking Lot Accidents

By Matt Lalande in Car Accidents, Pedestrian Accidents on October 26, 2023

Pedestrian Parking Lot Accidents

Have you been injured in a pedestrian parking lot accident? Our Hamilton personal injury lawyers can help. Call us today for a free consultation.

Estimated reading time: 13 minutes

Pedestrian parking lot accidents can have severe consequences, including life-altering injuries and significant financial burdens. As an injured victim, it is crucial to understand the seriousness of these accidents and seek legal assistance to ensure rightful compensation.

Below, our Hamilton personal injury lawyers discuss pedestrian parking lot accident causes, injuries, long-term consequences, and how to choose a lawyer to pursue compensation for your losses. Seeking the assistance of a car accident lawyer in Hamilton is essential to pursuing rightful compensation and obtaining the support needed for recovery and rebuilding.

If you or your loved one has been injured in a parking lot accident, you must speak to an experienced Hamilton car accident lawyer who can help you recover the compensation you need to help restart and rehabilitate your life. Lalande Personal Injury Lawyers have represented parking lot accident victims in the Hamilton area, and all over the province of Ontario since 2003. If you or a loved one has been hit by a car in a parking lot, contact us today, no matter where you are in Ontario by calling us at 1-844-LALANDE or local throughout southern Ontario by calling us at 905-333-8888. Alternatively, you can send us confidential email through our website or chat live with our live chat operator 7 days a week 24-hours a day.

Common Causes of Pedestrian Parking Lot Accidents

Parking lots often bustle with vehicles and pedestrians, making them hotspots for pedestrian accidents. These accidents can be caused by distracted driving, driver inattention, and frequent stop-and-go traffic. Drivers may be distracted while searching for a parking space, pulling out of a parking space, and encountering obstacles such as shopping carts, which can further complicate the situation.

Additionally, factors such as poor lighting, lack of proper signage, and adverse weather conditions can contribute to accidents in parking lots. As a result, drivers and pedestrians must exercise caution and be aware of their surroundings in these areas to prevent accidents and ensure safety for everyone.

The following are the three most common causes of pedestrian parking lot accidents seen by our Hamilton personal injury lawyers:

Cars Backing Out/Reversing Out of Spaces

Accidents involving cars backing out of parking spaces often result in pedestrian knockdowns and serious injuries. This is primarily due to negligence by the driver or motorist. In many instances, drivers may be inattentive or in a hurry, neglecting to take the necessary precautions before reversing into a busy parking lot. Pedestrians and other vehicles can easily be in a driver’s blind spot, so you must be extra diligent when navigating a parking lot.

They might not check their mirrors adequately or fail to utilize their vehicle’s backup cameras or sensors if they have them. Furthermore, some drivers may rely too heavily on these technologies and not pay enough attention to their surroundings. Extra cameras and sensors are helpful but are not infallible and can’t necessarily provide a real-time 360-degree view of the vehicle.

In addition, distractions such as cell phones, radios, or conversations with passengers can divert the driver’s attention, contributing to their failure to notice pedestrians moving behind the vehicle. These lapses in attention and carelessness on the driver’s part can have severe consequences, often leading to severe consequences for any struck pedestrians.

Distracted Driving

Distracted driving significantly contributes to pedestrian knockdown accidents in busy parking lots. In these crowded spaces, drivers must navigate between parked cars, moving vehicles, and pedestrians, requiring their full attention and awareness.

However, when drivers engage in activities that divert their focus, such as texting, talking on the phone, adjusting the radio, or conversing with passengers, their reaction times are compromised, and their ability to assess their surroundings accurately is diminished. This lack of attention is especially dangerous in parking lots, where pedestrians may cross from any direction and may be obscured by parked cars.

As a result, distracted drivers often fail to see pedestrians, leading to accidents that can result in serious injuries or even fatalities. Therefore, drivers must avoid distractions and remain vigilant at all times, particularly in busy parking lots, to ensure the safety of all pedestrians and other motorists.

Inattentive Driving

Inattentive driving is a high-risk behaviour that can lead to accidents. Busy pedestrian entry points, such as those at Costco or a bustling schoolyard, can be particularly dangerous. Drivers might be focused on finding a parking spot, ignore stop signs, disregard traffic markings, or overlook pedestrians in their haste, which may result in severe pedestrian-related injuries.

Reckless or Frustrated Driving

Waiting for a parking spot can be frustrating in a busy parking lot, leading some drivers to drive recklessly—quickly pulling around other vehicles, not using signals, or speeding. This erratic behaviour significantly increases the risk of hitting a pedestrian.

Understanding these common causes can help you navigate parking lots more safely as a pedestrian. However, if you have the misfortune of being in an accident, you should consider contacting a pedestrian accident lawyer in Hamilton to determine your legal rights and options.

Accidents in School Parking Lots

Pedestrian accidents in school parking lots are a significant concern, as these areas are often extremely busy. They also have a higher concentration of children, especially during pick-up and drop-off times. These accidents can occur in various ways, such as when a vehicle backs out of a parking space and strikes a child or when a child runs out between parked cars and is hit by a moving vehicle.

The limited visibility due to parked cars and the high volume of pedestrian and vehicular traffic creates a dangerous environment for accidents. Drivers in school parking lots must be extra careful as children are small, fast, and often do not fully understand the dangers of being around so many moving vehicles. They may also disregard rules set by their guardians, such as hand-holding or not running. They are incredibly vulnerable to being struck, and careful attention is always required.

The most common locations for pedestrian accidents in school parking lots are in crosswalks, near bus loading and unloading zones, and in areas where parents drop off or pick up their children. Crosswalks can be particularly hazardous, as drivers may be focused on finding a parking spot or watching for other vehicles and may not see a child crossing the street.

Similarly, bus loading and unloading zones can be chaotic, with children rushing to get on or off the bus and not paying attention to their surroundings. Drop-off and pick-up areas are also problematic, as parents may be in a hurry and not be as cautious as they should be when driving in these areas.

The dangers to children in school parking lots cannot be overstated. Children are smaller and less visible than adults, making them more likely to be struck by a vehicle. Additionally, children may not fully understand the risks of walking in a parking lot and may not be as cautious as they should be. They may also be more likely to run or play in the parking lot, increasing their risk of being involved in an accident. The consequences of a pedestrian accident can be severe, with children suffering from injuries ranging from minor cuts and bruises to more serious injuries such as fractures, head injuries, and even death.

Pedestrian Parking Lot Knockdowns: Serious Injuries

Pedestrian accidents in parking lots can precipitate several severe injuries, some of which require immediate medical attention, long-term care, and rehabilitation. These injuries can be severe and happen in high-speed and low-speed accidents.

Some of the most common pedestrian accident injuries seen by our Hamiton pedestrian parking lot accident lawyers include:

Hip Fractures

Hip fractures, such as the femoral neck, intertrochanteric, subtrochanteric, acetabular, and pelvic ring fractures, often require surgical intervention and complex procedures, such as open reduction, internal fixation, and partial or total hip replacement. These procedures are often followed by long periods of recovery.

Beyond the physical toll, these fractures can have life-changing consequences, significantly impacting mobility, independence, and overall quality of life. In some cases, individuals may face permanent disabilities or restrictions that alter their daily lives and ability to perform routine tasks or even continue working.

Knee Fractures and Ligament Damage

Pedestrians hit by cars in parking lots can also cause severe knee fractures and damage to ligaments. These injuries often often require surgery, ligament reconstruction, or knee replacement.

Our parking lot pedestrian accident lawyers have seen many types of knee fractures – the worst seemingly being the tibial plateau fracture with ligament disruption. Tibial plateau fractures are serious injuries that can occur when individuals are struck by vehicles, with the force of the impact causing a fracture to the upper part of the tibia at the knee joint.

These fractures can be particularly severe, often damaging the surrounding ligaments and cartilage. Ligament disruption is a commonly associated injury that can result in lifelong instability and mobility issues for the person. The integrity of the knee joint can be compromised, making it difficult to bear weight and perform everyday activities.

Ankle Fractures

When a person is hit by a car backing out of a parking space, the force of the impact can cause a break in the ankle bones. This can occur if the car’s bumper strikes the person’s lower leg, causing the ankle to twist or bend at an unnatural angle.

Alternatively, the person may try to jump out of the way of the car and land awkwardly, resulting in a fracture. The severity of the fracture will depend on factors such as the car’s speed, the angle of impact, and the individual’s bone health. In some cases, the force of the impact may cause a simple fracture, while in more severe cases, the ankle may be crushed or dislocated, resulting in a complex fracture that requires surgical intervention.

The worst ankle fractures typically involve a break in multiple bones, often with dislocation and damage to the surrounding ligaments. These complex fractures, such as trimalleolar or pilon fractures, can be particularly devastating due to their significant impact on the ankle’s stability and functionality.

The long-term symptoms of severe ankle fractures can be debilitating. Victims may experience persistent pain, swelling, and stiffness in the ankle joint, limiting their mobility and making everyday activities difficult. In some cases, post-traumatic osteoarthritis may develop in the joint, further exacerbating these symptoms. Additionally, an accident victim may suffer from nerve damage, which can result in numbness or tingling in the foot. Also, ligament damage can lead to chronic instability even once repaired.

Some people may require assistive devices such as braces or crutches to aid mobility. Others may never regain full function of their ankles and may be left with chronic pain and instability. This can have a severely negative impact on their ability to work, participate in recreational activities, and enjoy a good quality of life.

Head Injuries

When a person is struck by a car, one of the most severe injuries they can sustain is a traumatic brain injury (TBI) caused by brain bleeding, also known as a hemorrhage. This can occur when the force of the impact causes the brain to collide with the inside of the skull, resulting in bleeding within the brain tissue or in the spaces surrounding the brain.

There are several types of brain bleeds that can occur in a car accident, including intracerebral hemorrhage, where bleeding occurs within the brain tissue itself, and subarachnoid hemorrhage, where bleeding occurs in the space between the brain and the skull.

Brain bleeds can cause a range of symptoms, from headaches and vomiting to seizures, loss of consciousness, and even coma. The severity of the symptoms depends on the location and extent of the bleeding. In some cases, the bleeding can cause increased pressure inside the skull, which can lead to brain damage or death. Treatment for brain bleeds typically involves surgery to stop the bleeding and relieve the pressure on the brain, as well as medications to control symptoms such as seizures.

The long-term prognosis for a person with a severe TBI is rarely good. It depends on various factors, including the individual’s age, overall health, and the severity of the injury. Some people may recover fully with appropriate treatment, while others may be left with permanent impairments, such as cognitive deficits, motor impairments, and changes in behaviour and personality. The recovery process can be long and challenging, often requiring extensive rehabilitation and support from medical professionals, family, and friends.

Compensation for Pedestrian Parking Lot Accident Victims

If you or a loved one suffered a severe injury caused by a negligent motorist in a parking lot accident, you may be entitled to compensation. You must speak to a Hamilton personal injury lawyer about your accident-related injuries as soon as possible.

You may be entitled to non-economic damages for your pain and suffering and loss of enjoyment of life and amenities. You may also be entitled to advance a wage loss claim if you or your loved one suffered economic losses due to an inability to continue working.

Other claims you may be entitled to make are for the loss of housekeeping capacity, future health care costs to assist with costs outside of OHIP, and compensation for your family members.

Should I Hire a Hamilton Personal Injury Lawyer for a Pedestrian Parking Lot Accident?

Remember, you only have one chance at choosing the right Hamilton personal injury lawyer – and the proper representation can significantly affect the outcome of your parking lot claim. It is vital to select a Hamilton personal injury lawyer specializing only in personal injury law and with considerable experience dealing with pedestrian parking lot accidents. The right lawyer will understand the intricacies of such cases and be better equipped to get you the compensation you deserve.

Hiring a Hamilton personal injury lawyer is not just about their qualifications and experience. It is also about likability. It is who you feel comfortable with. We recommend that you meet a few accident lawyers and hire someone with whom you feel most comfortable. You want to find someone you feel you can talk to and who does not talk down to you. Choose someone you feel has genuine empathy and patience and who you can tell is honest, realistic, and upfront with you regarding your case.

Lastly, consider choosing a lawyer who operates on a contingency fee basis. In a contingency fee arrangement, you do not pay legal fees until the end of your case, and you only pay if the case is won. A contingency fee agreement provides significant benefits, particularly for clients who may not have the financial resources to pay for legal representation up front. This type of agreement allows you and your family to access legal representation you might otherwise be unable to afford.

If you Were a Pedestrian Hurt in a Parking Lot Accident, Our Hamilton Personal Injury Lawyers Can Help

Regardless of where you’re hit by a car, it can be disastrous and life-changing for many victims. Since 2003, we have helped victims who have suffered severe knee fractures, hip fractures, ankle fractures, and head injuries. We have also represented many families who lost loved ones due to head injuries and intracranial hemorrhaging, which is a severe condition where blood accumulates in the brain, potentially causing damage to vital structures and restricting oxygen flow to brain cells.

We understand that you might not know where to turn or who to call, but rest assured, our Hamilton pedestrian parking lot accident lawyers have assisted many victims who were injured in parking lot accidents since 2003 in Hamilton and throughout Ontario.

Our consultations are 100% free – and if you decide to work with our Hamilton accident lawyers, the fee is free. We do not charge our clients anything unless we win their case. We are happy to provide you with the legal advice you need for you to make an informed decision about your particular situation.

Call us no matter where you are in Ontario at 1-844-LALANDE or local in the Southern Ontario region at 905-333-8888. Alternatively, you can send us a confidential email through our website – and we would be happy to explain your long-term disability rights and legal options to you at no cost.

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FAQ

What are the most parking lot accident?

By far, the most common parking lot accident is when someone gets hit by a car backing out of a parking spot.

What is the most common parking lot accident injury?

The most common parking lot injury, in our experience, are serious hip fractures or serious knee injuries.

What is the most serious knee injury that a person can suffer when getting hit by a car?

The most severe knee injury we have seen by someone hit by a car is a tibial plateau fracture with a seriously communited medial plateau and ddamaged ligaments. The medial plateau often requires re-building with cadavre bone and the fracture, along with ligament damage seems to often times, the knee ends up chronically unstable and painful for life – of until the knee is replaced.

Who is at-fault in a parking lot accident between a car and pedestrian?

It depends. In a parking lot accident the plaintiff needs to prove the defendant was a negligent motorist. It depends on the facts. In some cases, the pedestrian can be proven partially at fault.

Should I call a Hamilton Lawyer if as a pedestrian, I was partially at fault in a parking lot accident?

Yes, you should. You can still be compensated if you were partially at fault in a pedestrian-car accident in a parking lot.

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