Can You Sue if You Get Run Over in a Parking Lot in Texas?

Walking through a parking lot may feel safer than walking down the street, but pedestrian accidents that cause severe injuries and even deaths are not uncommon in our parking lots. Can you sue if you get run over in a parking lot in Texas?

If the car’s driver was negligent, or a lack of proper lighting or other problems in the lot led to your injuries, you may have a viable case against the driver, the parking lot owner, or both. You may be taking on multiple defendants and their insurance companies. A Texas personal injury lawyer with experience in pedestrian accidents and fighting on behalf of people with serious injuries can answer your questions and help you build your case.

Can I Sue if I Was Hit by a Car in a Parking Lot?

There are several instances in which you can sue the driver or the lot owner for a parking lot injury, including the following:

• The driver was distracted by being on phone, looking at a list of errands, or adjusting their navigation or sound system.
• The driver was paying too much attention to finding a parking space.
• The driver did not look before backing up.
• The driver hit the gas instead of the brake.
• The driver ignored stop signs or other signs.
• The driver was maintaining an unsafe speed.
• The lot owner did not maintain the lot properly.

This list doesn’t include every instance where you can sue for damages for parking lot injuries, just some of the more common ones. You can sue for damages when your lawyer can show that someone else’s negligence was primarily responsible for your accident.

Proving Negligence When You Are Hit by a Car in a Parking Lot

You can sue and collect damages for a parking lot injury if your lawyer can show that the driver or owner acted carelessly or without regard for your safety. They do this by demonstrating the four elements of negligence, including the following:

• Duty of Care – The driver or lot owner had a duty to act reasonably.
• Breach of Duty – The driver or lot owner breached that duty through their actions or failure to act.
• Causation – The breach of duty caused your injuries.
• Damages – You suffered damages as a result of the accident.

Whether you can successfully sue the parking lot owner may depend on why you were there. You are invited to the lot under the law if you were there to shop or use other services of the business that owns the lot. In that case, the owner owes you a duty of care.

If you were cutting through the parking lot to get somewhere else, you might not have a case against the lot owner. Your lawyer can help determine if you still have a claim against the driver.

What if My Parking Lot Accident was Partly My Fault?

There could be situations where you share blame for your injuries. For example, if you looked down at your phone and walked in front of a speeding car or one that failed to stop at a sign, you likely share the blame for your accident.

Texas uses a modified comparative negligence law called proportionate responsibility to determine how to distribute damages in a lawsuit. A percentage of blame is assigned to each party. That percentage is then used to determine the damages each party can collect. For example, if your damages were $100,000 and you were deemed 30% responsible for your accident, you could collect $70,000.

Under Texas proportionate responsibility law, you cannot collect at all if you are more than 50% responsible for the accident that led to your injuries.

What Do You Do If You Crash in a Parking Lot?

You should take several steps immediately following and in the days after a car hits you in a parking lot. These steps protect your health and help preserve evidence for a potential lawsuit. The actions you should take include the following:

1. If you are seriously injured, call 911. Your health comes first.
2. Collect information from the other driver and any witnesses.
3. Take pictures and video footage.
4. Contact the police so you can make a statement.
5. Report your accident to the parking lot owner.
6. Obtain a copy of your accident report.
7. Talk to an experienced personal injury attorney.

Accidents that occur in parking lots are different than those that occur on streets. Additional variables, such as who owns the parking lot, complicate matters. So what do you do if you crash in a parking lot? You do everything you can to help your lawyer make your case.

When Can I Sue for a Parking Lot Injury?

You can sue for your parking lot car accident injury once you can establish your losses from medical expenses and other damages. It is essential not to sue before you have a complete picture of the harm from your accident. If you have serious injuries, you may be looking at months of recovery and lost wages. You may also not realize the emotional impact of the trauma caused by your accident until some time has passed.

So when can you sue if you get run over in a parking lot in Texas? You will likely want to talk to an experienced personal injury attorney right away and let them help you make a final decision. They can inform you when you have built enough of a case to notify the other party that you intend to seek damages. It is also critical, however, that you don’t wait too long.

Texas Statute of Limitations for Personal injury Cases

Another part of the answer to “When can I sue for a parking lot injury?” lies in the Texas statute of limitations. The general statute of limitations for personal injury cases in Texas is two years. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) The two-year clock starts ticking on the date of your accident. If you do not file your claim on time, you may be unable to collect compensation even if your accident was clearly the other party’s fault.

The statute of limitations is slightly different for wrongful death claims from car accidents than for those from personal injuries – so please speak directly with an attorney in this situation.

How Do You Sort Out Who to Sue When You Get Run Over In a Parking Lot?

The driver who hit you is liable for your damages in many cases. But there are other instances where third parties might also be responsible. If the driver was in a work vehicle, such as a delivery truck, the owner of the company they drive for may be liable. If the driver’s brakes failed due to a defect, you may have a case against the car manufacturer. The parking lot owner may also be liable if they fail to maintain safe conditions, such as proper markings and repairing significant damage.

If more than one party is liable for your injuries, you should name them all when you seek damages. Failing to do so could lead to collecting less compensation than you deserve.

For example, a judge or jury may decide that you held no blame, the driver was 60% responsible, and the parking lot owner or another party was 40% responsible. If you did not name those other people, you can’t collect from them without filing another suit. Once your original case plays out, it may be too late to do that.

What Types of Damages Can I Collect in a Parking Lot Accident Case?

Texas allows for economic and non-economic damages in personal injury cases.

Economic Damages may include:

• Lost wages and earnings
• Medical and rehabilitation expenses
• Costs of modifying your home or vehicle to account for your injuries
• Property loss
• Funeral costs if you are suing after losing a loved one.

Non-economic damages may include:

• Emotional anguish
• Pain and suffering
• Loss of companionship or consortium
• Disability.

In rare cases, you may also sue for punitive damages. You must show that the other party’s behavior was particularly reckless or egregious. This might include a highly intoxicated driver who ran you over while driving in a parking lot at full speed.

You can collect additional damages if you sue for wrongful death after a family member dies due to a parking lot car accident. These include funeral and burial costs, loss of benefits from your loved one such as health insurance, and other damages.

Our Experienced Attorneys Help You Collect Damages When You Are Hit in a Texas Parking Lot

Getting hit by a car in a parking lot can lead to serious injuries and raise several questions. Can I sue if I was hit by a car in a parking lot? Who should I sue? Get all of your questions answered by attorneys with a proven track record of determining when injured people deserve compensation and helping them get it.

If you or a loved one suffered injuries after being hit by a car in a parking lot, call the personal injury lawyers at Terry Bryant Accident & Injury Law at 713-973-8888 or toll-free 1-800-444-5000. We take pride in getting justice for our clients and have a long history of helping them build solid get the justice they deserve. We approach every case individually and every client with the respect and compassion they deserve.