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ARTICLES BY OUR HAMILTON PERSONAL INJURY LAWYERS

Pedestrians Parking Lot Accidents

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

Pedestrians Parking Lot Accidents

Lawyers for Pedestrian Parking Lot Accidents

Estimated reading time: 13 minutes

Pedestrian parking lot accidents can have severe consequences leading to 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.

In this article, we will discuss pedestrian parking lot accident causes, injuries, long-term consequences, and how to choose a lawyer to receive 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 it’s important that you 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 Lawyer 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. Lalande Personal Injury Lawyers are here to help you recover justice – in a time of need.

Common Causes of Pedestrian Parking Lot Accidents

Parking lots, often bustling with vehicles and pedestrians, are hotspots for pedestrian accidents due to a variety of factors such as 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 the presence of obstacles such as shopping carts 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, it is crucial for both drivers and pedestrians to exercise caution and be aware of their surroundings in these areas to prevent accidents and ensure safety for everyone. The following our three main causes of pedestrian parking lot accidents that we often see:

Cars Backing Out/Reversing Out of Spaces

Accidents involving cars backing out of parking spaces often result in pedestrian knockdowns and serious injuries primarily due to driver or motorist negligence. In many instances, drivers may be inattentive or in a hurry, neglecting to take the necessary precautions before reversing.

They might not check their mirrors adequately or fail to utilize their vehicle’s backup cameras or sensors, if available. Furthermore, some drivers may rely too heavily on these technologies and not pay enough attention to their surroundings.

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 part of the driver can have severe consequences, often leading to accidents that result in harm to pedestrians.

Distracted Driving

Distracted driving is a significant contributing factor 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 accurately assess their surroundings 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 are more likely to fail to see pedestrians, leading to accidents that can result in serious injuries or even fatalities. It is therefore crucial for drivers to 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 behavior that can lead to accidents. For instance, busy pedestrian entry points like those at Costco or a bustling schoolyard can be particularly dangerous.

Drivers might be focused on finding a parking spot, ignoring stop signs, disregarding traffic markings, or overlooking pedestrians in their haste – all of which may result in serious pedestrian related injuries.

Reckless or Frustrated Driving

Waiting for a parking spot can be a source of frustration in a busy parking lot, leading some drivers to drive recklessly—quickly pulling around other vehicles, not using signals, or speeding. This erratic behavior 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 do have the misfortune of being in an accident, you should consider reaching out to a pedestrian accident lawyer in Hamilton to find out 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 bustling with activity, especially during drop-off and pick-up 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, coupled with the high volume of pedestrian and vehicular traffic, creates a dangerous environment for accidents.

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 may 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, further 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.

Hip Fractures

Hip fractures such as femoral neck, intertrochanteric, subtrochanteric, acetabular, and pelvic ring fractures can result in the need for surgical intervention, often involving complex procedures such as open reduction and internal fixation, partial or total hip replacement – often requiring long periods of rehabilitation. Beyond the physical toll, these fractures can have life-changing consequences, significantly impacting a person’s 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 worse – prevent them from working..

Knee Fractures and Ligament Damage

Pedestrians hit by cars in parking lots can also cause serious knee fractures and damage to ligaments – often requiring surgery, ligament reconstruction, or knee replacement.

Our parking lot pedestrian accident lawyer 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 involving damage to the surrounding ligaments and cartilage. Ligament disruption is a common associated injury, and it 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 bumper of the car 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 speed of the car, 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 fracture or pilon fractures, can be particularly devastating due to the significant impact they have 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, which can limit their mobility and make 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 – even with repair – can lead to chronic instability.

Some people may require assistive devices such as braces or crutches to aid in mobility. Others may never regain full function of their ankle, and may be left with chronic pain, and chronic instability which can have a serious 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 often never good – and depends on a variety of 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 behavior 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. It is important that you speak to a Hamilton personal injury lawyer about your accident related injuries sooner rather than later.

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

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

Hiring Hamilton Personal Injury Lawyer for a Pedestrian Accident

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

When hiring a Hamilton personal injury lawyer, it 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 lawyer and hire whom you feel the most comfortable with – someone that you feel that you can talk to and who does not talk down to you. Choose someone whom you feel has real empathy and patience ad whom you can tell is honest, realistic and upfront with you in terms of your case – and not full of fluffed up promises.

Also, 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 the fees you pay are contingent on the outcome of the case. A contingency fee agreement provides significant benefits, particularly for clients who may not have the financial resources to pay for legal representation upfront. This type of agreement allows you and your family access legal representation that you might otherwise be unable to afford, thereby promoting access to justice.

If you were a Pedestrian hurt in a Parking Lot Accident – our Hamilton Personal Injury Lawyers can Help.

Getting hit by a car in parking lot – or anywhere for that matter – can be disastroud and life changing for many victims. Since 2003, we have helped victims who have suffered serious knee fractures, hip fractures, ankle fractures, head injuries – and families who lost loved ones due to head injuries and intracranial hemorrhaging, whichis a serious 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 Lawyers have assisted many victims hurt 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 the legal advice you need in order for you to make an informed decision about your own 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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