Determining fault in a parking lot accident can vary widely based on the specific circumstances of the incident. There is no one-size-fits-all answer, as liability depends on the details of your case. While the tailing driver is usually liable, in some cases, other parties may be at fault.
At McCoy & Hiestand, we will investigate how the crash occurred and review your options for financial compensation. Our legal team has over 58 years of combined legal experience advocating for the rights of injury victims. Call our car accident lawyers in Louisville, KY, for a free consultation.
Identifying the At-Fault Party for a Parking Lot Car Accident in Kentucky
An experienced lawyer can identify all liable parties for a parking lot crash by carefully examining the incident. However, this can be difficult since multiple parties can be held liable under Kentucky law.
Parties who could be liable in a parking lot accident include:
- The driver of a moving vehicle involved in the collision: If the driver was speeding within the parking lot, failed to yield the right of way to pedestrians or other vehicles, or neglected to follow posted signs and lane markings, they may be responsible for the collision.
- The driver of a parked vehicle: If the driver opens their car door without adequately checking for oncoming traffic, leading to a collision with a passing vehicle, they may be liable.
- Pedestrians: When a pedestrian suddenly steps into the path of a moving vehicle without giving the driver sufficient time to react, they may be responsible for their injuries.
- Vehicle manufacturers: When a mechanical defect or malfunction in the vehicle contributes to the collision, the vehicle manufacturer may be held liable.
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An Experienced Car Accident Lawyer Can Help You Prove Liability
To prove liability, your Kentucky car accident attorney will rely on a wide range of evidence. They will work diligently to establish a clear and accurate sequence of events leading to the parking lot accident.
Your attorney may strengthen your claim by relying on evidence such as:
- Eyewitness testimonies: Statements from individuals who witnessed the accident and can provide insight into the events that unfolded.
- Police report: Official reports filed by law enforcement officers who responded to the scene, detailing their observations and findings.
- Surveillance footage: Video recordings from security cameras or other sources that capture the accident as it happened.
- Photographs of the accident scene: Visual documentation of the location, vehicle positions, road conditions, and any relevant details.
- Medical records: Documentation of injuries sustained by you or other parties involved, linking them to the accident.
At McCoy & Hiestand, we provide personalized legal services to our clients. Our experienced Kentucky personal injury attorneys understand the complexities of parking lot accidents and the nuances involved in determining liability. We meticulously analyze the evidence, gather witness testimonies, and collaborate with experts to build a robust case.
Understanding Kentucky’s Choice No-Fault Insurance System
In Kentucky, drivers may rely on their personal injury protection (PIP) benefits to cover damages up to $10,000. PIP insurance covers various damages, including medical expenses, lost earnings, and certain out-of-pocket expenses. However, you can also purchase higher insurance coverage at an additional cost beyond the standard $10,000.
PIP benefits in Kentucky extend beyond the policyholder; other individuals injured in a collision may also be covered, including:
- Pedestrians
- Bicyclists
- Anyone in the vehicle
Going Beyond Kentucky’s No-Fault Insurance System
In a choice no-fault state like Kentucky, motorists may opt-out and reserve the right to file a lawsuit against the at-fault party when choosing an auto insurance policy. However, if you choose this, you also risk being sued if you are responsible for a crash.
Drivers who chose PIP coverage can step outside the insurance system if the claim meets Kentucky’s statutory threshold. Therefore, the no-fault rules may not apply, and you can file a lawsuit against the at-fault party. The conditions that would allow you to use include if you spent more than $1,000 on medical care or suffered permanent disfigurement.
Understanding Kentucky’s Pure Comparative Negligence System
In the pure comparative negligence system, each party involved in an accident can be assigned a percentage of fault based on their contribution to the event. Unlike some other states, even if you are found mostly at fault (as long as you are not 100% at fault), you can still seek compensation, reduced by your assigned percentage of responsibility.
This approach allows for a more equitable distribution of liability and damages. For parking lot accidents, it means that even if one driver failed to yield or another was speeding, both parties could share a portion of the blame. An experienced Louisville personal injury lawyer will help you better understand how pure comparative negligence applies to your case.
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An Experienced Kentucky Attorney Will Help With Your Parking Lot Car Accident Case
If you were involved in a parking lot accident, you may be unsure how to pursue compensation. A skilled car accident lawyer from our law firm will determine how Kentucky’s no-fault insurance and pure comparative negligence system impact your case.
McCoy & Hiestand fosters a strong attorney-client relationship with all clients. We practice open and transparent communication; our lawyers listen actively to your concerns, questions, and goals. Contact us today to discuss your case.
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