Diagonal Parking Accidents in Chicago
Backing out of a diagonal parking space can be daunting, as it can be difficult to see oncoming cars, pedestrians, and other obstacles. There are no special rules applying to parking accidents, and often times, the accidents take place on commercial lots where there is no signaling or traffic law enforcement. As with all auto accidents, insurance companies and courts look to the law of negligence to determine who should pay for any resulting injuries or property damage.
According to the Insurance Institute for Highway Safety, 20% of all auto accidents in the United States happen in commercial parking lots. Although these accidents usually involve little more than a bent bumper and a ruined day, sometimes serious injury or even death occurs—especially when pedestrians are involved.
Determining Who Is at Fault in a Parking Accident
A person is negligent when he or she has a duty of care, breaches this duty of care, and the breach causes injury or property damage to another. In the context of driving, the duty of care is to drive in the same manner as a reasonable person would under the circumstances.
For example, if a person is driving through a parking lot at a speed of over 20 miles per hour while talking on a cell phone, that person is most likely breaching the duty of care owed to other people in the parking lot. This is because the driver is putting others at a greater risk of injury. Should an accident happen, that person would be responsible for compensating the victims.
Usually, accidents happen because two drivers act negligently. Imagine the driver from the above example hits a car backing out of a diagonal space. As it turns out, the person backing out suddenly emerged from the space without taking the time to look for traffic. This too is a breach of the duty of care, so both drivers are responsible for the accident.
In Illinois, drivers can only recover for their injuries or property damage when they are less than 50% responsible for an accident. Of course, there is no clear-cut method of generating proportions from complex factual scenarios. Thus, who an insurance company or a court will consider being primarily at fault will largely depend on the parties’ ability to advocate for their position.
A Skilled Lawyer Can Increase Your Chances of Recovery
With a dedicated and experienced advocate by your side, you can expect your insurance claim to have a greater chance of success. A car accident attorney from Staver Accident Injury Lawyers, P.C. will know how to document your case and negotiate with the other driver’s insurance company. Your lawyer can gather crucial evidence such as witness statements, accident scene photographs, security camera footage, car damage photographs, and medical bills to substantiate your claim.
If the insurance company won’t give you the compensation you deserve, we can take them to court. Sometimes, filing a lawsuit is enough to encourage another party or their insurance company to offer a better settlement. If you’re unsure about whether you can afford the services of Staver Accident Injury Lawyers, P.C., you needn’t worry. We only collect fees from our clients after we win or settle their cases. If you want to talk to us about your case, you can call one of our personal injury attorneys today at (312) 236-2900 for a free consultation.