Parking Lot Accidents in Rancho Mirage

While many car crashes happen on a road or highway, vehicle collisions can also occur in a parking lot setting. Limited space, traffic congestion, and poor design are just a few factors that can lead to an increased risk of a parking lot accident.

Many driver behaviors can also increase the risk of parking lot accidents in Rancho Mirage. If you were involved in a parking lot crash, you should speak to a seasoned auto collision attorney at Walter Clark Legal Group as soon as possible about your legal options.

Causes of Parking Lot Accidents

A number of factors can contribute to a Rancho Mirage parking lot accident. Some of these causes are outside of a driver’s control, while others are the result of a driver’s negligence.

Some potential causes of a parking lot accident include:

• Failing to yield
• Distracted driving
• Poor lighting conditions
• Driving at excessive speed
• Texting or talking on the phone while driving
• Driving under the influence of alcohol or drugs
• Bad weather, especially rain, snow, sleet, ice or fog
• Reversing without looking or checking the rear view
• Heavy congestion combined with a confined parking lot

Additionally, parking lot collisions can happen when someone is not in their vehicle. Many drivers are unpleasantly surprised when they arrive at their vehicle to find that their car was hit by a driver who fled the scene.

Proving Negligence in a Parking Lot Crash

When a parking lot accident happens in Rancho Mirage, the incident is often caused by one party’s negligence. When a driver’s failure to use reasonable care leads to property damage or causes bodily injury, they are legally responsible for the damages incurred under California Civil Code § 1714.

Drivers have a general duty to obey traffic laws and operate their cars in a reasonable manner. If the parking lot wreck was caused by negligent actions—such as a driver’s failure to yield, disobeying traffic signs, or traveling at excessive speeds—this can help establish a breach of care. 

The evidence required to establish a breach of care will depend on where the accident took place. Police reports, witness statements, skid marks, and other physical evidence can help prove negligence.

When a driver discovers their car was hit by someone who has fled the scene, they still have options. Many parking lots are equipped with video surveillance footage or similar technology to potentially allow law enforcement or insurers to find the responsible party.

It is important to note that an injured victim has two years to file their personal injury lawsuit according to the state’s statute of limitations in Cal. Civ. Pro. Code § 335.1.

California Proposition 213 may limit an injured party’s ability to recover damages. The legislation provides that uninsured drivers are prohibited from recovering non-economic damages. Further, drivers guilty of driving while intoxicated or another felony are prohibited from recovering non-economic damages.

What if More Than One Party Is Negligent?

A Rancho Mirage attorney could help an accident victim understand their rights when there is more than one party at fault for causing a parking lot accident. The state’s doctrine of pure comparative negligence limits a plaintiff’s ability to recover damages when they were also at fault in the accident. 

However, a plaintiff’s fault does not eliminate their ability to recover damages. According to cases such as Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), a plaintiff who contributed negligence can still recover damages in proportion to their own responsibility. If a plaintiff is found 50 percent responsible for the accident, they can still recover up to 50 percent of the damages sought. 

Importantly, the doctrine allows a plaintiff to recover damages even when they bear most of the responsibility. When a plaintiff is found 99 percent at fault, they can recover up to one percent of the damages sought. 

Speak With a Rancho Mirage Parking Lot Accident Attorney Today

Walter Clark Legal Group is here to help you if you have questions about parking lot accidents in Rancho Mirage. Call now to schedule a free consultation to discuss your potential legal claim.