Who’s at Fault in a Parking Lot Car Accident in Rhode Island?
Parking lot car accidents are not an uncommon occurrence in Rhode Island. While most car crashes in a parking lot are minor fender benders, some accidents can lead to serious injuries, especially when the crash involves a pedestrian and a vehicle traveling at a high rate of speed.
Regardless of whether your parking lot collision resulted in minor property damage or a serious bodily injury, it is important to consult with a Rhode Island car accident attorney to help you establish fault in your crash.
How to Establish Fault in a Parking Lot Car Accident?
Rhode Island follows the doctrine of pure comparative negligence (RI Gen Laws § 9-20-4). It means that if your negligence contributed to your personal injury, your compensation would be reduced proportionally to your degree of fault. Unlike many other states, Rhode Island’s comparative negligence rule allows victims to recover damages even when their percentage of fault exceeds 50%.
Establishing fault in a parking lot car accident can be challenging because parking lots are considered private property in Rhode Island. Therefore, traffic rules that apply to moving motor vehicles on public roads are not always applicable to parking lot accidents.
In many motor vehicle crashes in a parking lot, two or more parties can be held accountable for causing the collision. If only one vehicle was moving at the time of the collision, the driver of the moving car is presumed to be at fault for the crash, even when the non-moving car was parked improperly.
When two or more cars were moving at the time of the crash, liability will be determined based on who had the right of way. Determining who must have the right of way in a parking lot is always tricky, which is why it is advised to speak with a skilled car accident lawyer in Rhode Island to help you establish fault in your particular situation.
The Owner of the Parking Lot Could Be Liable, Too
When a parking lot accident is caused by improper maintenance of the premises, the owner of the parking lot could be held responsible for contributing to the collision or failing to eliminate dangerous conditions that led to the crash.
Rhode Island law requires owners of parking lots to ensure a safe environment for all motorists and pedestrians, provide adequate lighting, and eliminate any dangerous conditions that could cause harm. If your parking lot accident was caused by improper maintenance of the premises, you could be able to pursue a claim against the owner of the parking lot.
Talk to Our Rhode Island Car Accident Attorney
Parking lot car accidents are some of the most common types of motor vehicle crashes in Rhode Island and all across the United States. If you have been involved in a parking lot accident, you need to understand your legal rights in order to recover damages.
For this reason, you need to speak with a car accident attorney at Robert E. Craven & Associates to investigate your case and help you establish fault in your parking lot accident. Schedule a consultation by calling at 401-453-2700.