Westchester County Parking Lot Accident Attorneys

Reviewed by Jay S. Hausman, Esq.

Parking lots across the state of New York allow for easy access to a multitude of commercial, residential, and municipal properties. Due to the fact that we enter parking lots nearly every day, there is not very much concern. Of course, it is important to be attentive to the safety of yourself and others. The owner of the property is responsible for the conditions of their parking facilities. When a property owner fails to ensure that there are no hazards, it is very easy to become seriously injured. If you have been injured in a parking lot accident in Westchester County, be sure to speak with an experienced personal injury attorney. The parking lot accident attorneys at Hausman Law Group are prepared to take on your case and ensure that you receive the compensation you deserve. Contact Hausman Law Group today.

Common Causes of Parking Lot Accidents

Parking lot owners are obligated to monitor the surfaces of the lot regularly and reasonably keep their parking structures free of hazards. Some of the common hazards that often result in serious parking lot accidents include the following:

• Snow, ice, and standing water
• Uneven pavement, including cracks, potholes, and more
• Loose debris
• Slippery substances
• Poor lighting
• Inadequate security

If you have been seriously injured in a parking lot, you should consider your legal options. If you can prove that the property owner was negligent, you may have a valid personal injury case. Do not sit idly by and allow a negligent property owner to negatively impact your life and livelihood. If you need an effective attorney to represent your interests, contact Hausman Law Group.

Parking lot accidents can happen for a number of reasons, though they are most often the result of negligence. As such, it’s important to understand the different types of accidents that can occur in parking lots to help ensure you can establish a legally valid claim in New York.

Common Types of Parking Lot Collisions & Incidents

Through the Lower Hudson Valley, including Yonkers, White Plains, Harrison, and the surrounding Westchester County communities, the most common types of parking lot accidents include:

• Two automobiles collide, often the result of drivers blindly backing out of parking spaces or speeding through parking lot aisles
• A vehicle striking a pedestrian walking through the lot, which may be the result of unsafe or distracted driving, poor lighting, or other forms of negligence
• A pedestrian sustaining injuries as the result of unsafe parking lot conditions, causing them to slip and fall

Premises Liability and Negligence

If you can prove that a property owner knew or should have reasonably known about a hazard and did not take the necessary steps to fix the issue, you may have a personal injury claim. You may be able to recover damages to cover your medical bills, lost wages, legal fees, and pain and suffering.

Most hazardous conditions on parking lot surfaces can be fixed. If you are injured because of the negligence of a property owner, you should contact an attorney immediately. Regarding weather-related conditions, property owners have a certain amount of time to clear their walking surfaces of snow and ice. Each municipality is different. If you were injured in a parking lot within the time allotted by the community, you may not be able to file a personal injury claim.

Property owners are legally obligated to ensure their premises are safe for those lawfully on the property. As such, when a property owner fails to keep their premises safe, they put others at risk of sustaining an injury. This standard of care extends to cover all areas of a property, including parking lots.

Satisfying the Burden of Proof for Property Negligence

It’s important to understand that, in order to hold a property owner liable for their negligence, you are responsible for fulfilling the legal burden of proof. As such, you must show the following elements:

• You must prove the owner had a legal duty to maintain safe premises for commercial, municipal, or residential visitors.
• You must establish that the parking lot was not inspected regularly and kept in good condition, allowing dangerous elements to persist.
• You must prove the property owner knew or should have reasonably known about the hazardous conditions that caused the injury.
• You must demonstrate that they failed to handle hazards like loose debris, inadequate lighting, snow or ice, dangerous spills, or other conditions within a reasonable period of time.

Collecting evidence after a parking lot accident

Evidence must be collected after a slip and fall accident because you are obligated to fulfill the burden of proof. If you are seriously injured in a parking lot, call for medical help. When you tend to your medical needs, your injury, the place where the injury took place, and the approximate time of the injury are documented.

This information is critical when constructing your case. If you are physically able to do so, take pictures of the conditions that injured you. If it was snow or ice, documenting the hazard is time-sensitive, as weather conditions can change quickly and the negligent party will quickly address the issue. If anyone saw your accident take place, it is important to obtain their contact information for witness testimony. Taking immediate action is vital because evidence of the hazardous condition may be covered up if too much time passes.

Step-by-Step Evidence Preservation Checklist

Sustaining an injury in a parking lot in Westchester County can be overwhelming, which is why it’s important to understand the steps you should take to preserve your legal rights. This includes:

• Call 911: Requesting a police and medical presence at the scene is critical to ensure that the accident is documented
• Take Photos: If you are physically able to do so, you should take photos and videos of the condition responsible for your injury, damage to vehicles if a collision occurred, and your visible injuries
• Obtain Witness Information: You should collect the names and phone numbers of anyone who witnessed the accident, as they may be able to help corroborate your account of the accident
• Exchange Insurance Information: If you are involved in an auto collision or you were struck by a vehicle while traversing the parking lot, you should obtain the insurance information of the other driver involved
• After Receiving Medical Care: Do not leave without asking your doctor for all medical documentation and records concerning your injuries.
• Contact an Experienced Personal Injury Attorney: As soon as you are able, you should connect with a personal injury lawyer who can legally obtain additional evidence, like security camera footage.

New York Statute of Limitations for Parking Lot Claims

If you are someone who has been injured in a parking lot accident, you will only have a certain amount of time, allotted in the statute of limitations, to take legal action against the party responsible. Failing to act quickly can permanently destroy your right to recover financial compensation.

Deadlines for Filing a Personal Injury Case

When pursuing a personal injury or premises liability claim following an accident in a New York parking lot, it’s important to keep the following information in mind:

• In accordance with CPLR 214(5), the statute of limitations in New York is three years. As such, you only have three years from the date on which the accident occurred to pursue compensation for the injuries you have suffered
• Failure to file within the three-year timeframe will result in a bar on your ability to recover the compensation you deserve
• Working with an experienced Westchester personal injury attorney is in your best interest if you have suffered injuries in a parking lot

Contact our New York parking lot accident attorneys

Hausman Law Group is proud to be a legal resource for the people of Westchester County and the greater New York City area regarding personal injury matters. If you are injured in a parking lot because of a hazard that the property owner knew about or should have reasonably known about, contact our firm. We can guide you through your legal options and effectively represent your needs in court. Contact Hausman Law Group today.