Understanding Liability in Parking Lot Accidents

Understanding Liability When You Are Hit By A Car Pulling Out Of A Parking Spot too Fast

New York City is one of the busiest cities in the United States. With a population of 8.8 million people, there are shift changes constantly, which also results in constant traffic. People are constantly moving throughout the entire city, which is great for the economy, but sometimes there are accidents. Motor vehicle accidents are the most common type of accident in New York City, and being hit by someone pulling out of their parking spot is the most common type of car accident in New York. The victims of these car accidents could be:

•  Pedestrians

•  Bicyclists

•  Motorists

•  Motorcyclists

When hit by someone pulling out of their parking spot, the victim could sustain injuries of any kind. Even if the victim is in their own vehicle, they could still be injured. The types of injuries someone can receive from being hit by a car pulling out of a parking spot could include:

• Traumatic Brain Injuries (TBI’s)

• Spinal Cord Injuries (SCI’s)

• Broken Bones

• Shoulder  Injuries

• Knee Injuries

• Death

Obvious and Necessary Rules

Amongst the plethora of driving rules, there are many that rely on common sense. This includes rules such as:

• Looking both ways before crossing an intersection or the road.

• Focusing attention solely on the road and surrounding vehicles. No distracted driving.

• Stop at stop signs and red lights

These are mainly known as common law, which is designed to have the laws evolve over time with the help of public opinion, and what is reasonable. 

There are also other forms of law that are more permanent. Statutory and legislative laws are developed by state representatives and signed by the Governor. Once they are put into place, they cannot be changed until they are completely taken off the books. 

In cases involving someone pulling out of their parking spot, there are obvious rules and necessary rules. One doesn’t need to be a car accident lawyer in Queens to know that you should not start your car and pull into traffic without looking in both directions for other vehicles or pedestrians. Another obvious rule is that someone should not pull out in front of other vehicles if it could risk or cause a collision. 

There are also very clear and specific laws written in the legislature. New York Vehicle Traffic Law (NYVTL) section 1162 states that no person shall move a stopped vehicle until it is reasonably safe to do so. It’s pretty safe to say that if someone pulls their vehicle out in front of another and they are subsequently hit, they did not pull out into traffic in a reasonably safe manner. 

Liability for Violating Common or Statutory Law

A Queens car accident can impose liability on a defendant in many ways. Due to common law in NYC, if the defendant caused a car accident by pulling out of their parking spot too quickly, they are very likely to be negligent under common law. A defendant can also violate statutory law if they pull out of their parking spot too fast. Victims may be able to prove, with an adequate attorney, that the defendant is either negligent per se, or automatically negligent in a matter of law. Liability may be automatically asserted upon the defendant if:

1. The defendant is proven to have violated the statute

2. The statute was put in place to protect people from the type of harm the victim sustained

3. The victim is in the group of people the statute protects 

There are other special circumstances or elements, but generally, the rules above are the rules that apply in order to hold the defendant liable for hitting the person.

FAQs

Is it worth getting a car accident lawyer?

In nearly all car accidents involving injury or loss of assets, it is worth getting a lawyer. Hiring a lawyer does not mean you have to go to court. They are actually very effective at settling outside of court with insurance companies and streamlining the process. Hiring a lawyer right away helps ensure that you are not left paying for someone else’s negligent behavior. 

What can I be compensated for if I am the victim of a car accident?

There are multiple things that a victim of a car accident can be compensated for. It is important to hire a lawyer because they will ensure you are paid for every single damage owed to you as a victim. Some of these things can include:

• Any past, future, or present medical bills related to your injuries

• Any wages you lost while you were not able to return to work

• Disability or disfigurement

• Pain and suffering

• Emotional distress

• Any present or future therapy you may need

• Travel costs to and from doctors appointments

If I don’t feel injured after a car accident, do I still have to go to the doctor?

Seeing a doctor after being in a car accident, even if you don’t have any apparent injuries, is always the smartest thing to do. The doctor may be able to identify any internal injuries, and that could be serious. Your insurance will most likely pay the cost of your medical bills. 

Seeing a doctor will also be necessary if you decide to file a claim against the person that caused the accident. This will help prove that you were in an accident serious enough to cause injury, and also ensure all injuries are accounted for.