When most people think of auto accidents, they may think of high-speed collisions on interstates, T-bone crashes in intersections, and other wrecks on public roadways. Most people do not think of collisions at low speeds on private paved surfaces like parking lots, but not only are these incidents more common than you might think, they can, and often do, result in serious injuries.
Filing suit over a parking lot accident in Baton Rouge works the same in theory as filing suit over any other kind of auto accident. In practice, getting a favorable result from a claim of this nature can require extensive legal experience and expertise, both of which a seasoned auto accident attorney from Tomeny | Best could provide for you while working tirelessly to protect your rights.
Proving Someone Else at Fault for a Parking Lot Collision
The basic legal principle underpinning all car accident lawsuits in Louisiana is negligence, which is the idea that someone who accidentally injures another person should be held financially accountable for the consequences of their actions, much like they might be criminally liable for an intentional and illegal act. More specifically, if someone is negligent or violates a duty of care, they must act responsibly under specific circumstances. For example, drivers must obey the road rules and pay attention while driving. If they do not follow this duty, they could directly cause an injury to another person through that irresponsible act.
Most of the traffic laws that apply to drivers on public roads also apply to drivers in parking lots, but proving that someone involved in a Baton Rouge parking lot accident violated one of those laws before a collision can be a complicated and evidence-intensive process. Support from a skilled legal professional could be essential to efficiently finding, preserving, and using witness testimony, surveillance camera footage, crash scene photos, and any other evidence needed to establish civil fault for a wreck to a court’s satisfaction.
How Comparative Fault Could Impact a Parking Lot Claim
Following a Baton Rouge parking lot crash, a diligent attorney could assist with contesting allegations of comparative fault made against the injured plaintiff, or the person filing suit over the wreck. Comparative fault is the degree to which an injured person is to blame for causing their injury through their negligent conduct, for example, committing a traffic violation at the same time as the person who crashed into them or stepping in front of a car suddenly as a pedestrian.
It is essential to be proactive about making sure comparative fault does not have an undue effect on a civil claim because, as per Louisiana Civil Code § 2323, any percentage of comparative fault assigned to an injured motorist by a court can be held against them as a proportional reduction from the value of whatever damage award they receive. Louisiana is a pure comparative fault state, so injured people can seek compensation for at least some of their accident-related losses, even if they hold a majority of total fault for the incident.
Contact a Baton Rouge Attorney Following Your Parking Lot Accident
Whether it happens while backing out of a parking space, turning into one, or navigating around a narrow and crowded aisle, a traffic accident in a parking lot can do a lot more than just put a damper on your day. In many situations, it can have long-lasting physical, financial, and psychological repercussions for everyone involved. If you cannot prove someone else at fault for causing the incident, you may have no choice but to pay for those losses.
Fortunately, that is where a dedicated lawyer from Tomeny | Best could step in to help. Call today to discuss your options for suing over a parking lot accident in Baton Rouge during a free consultation.
