who is at fault in a georgia parking lot accident

When someone becomes injured in an accident in a parking lot, determining who is at fault can be challenging. Most Georgia residents assume that parking lots are generally safe places. However, every year in Georgia, individuals suffer injuries in car accidents and for several other reasons. Under Georgia premises liability law, the owners or managers of a parking lot owe customers a reasonable duty of care to keep the parking lot safe. Those who suffer injuries caused by unsafe lighting conditions in a Georgia parking lot might be entitled to compensation for their injuries. 

Atlanta Parking Garage Injuries Lawyer

The attorneys at Cambre and Associates understand how difficult it can be to recover from your injuries. The stress of needing to take time off of work while attempting to pay mounting medical bills can be immense. Our attorneys understand Georgia’s premise liability law as it pertains to parking lot accidents. Our experienced personal injury attorneys know how to fight hard on behalf of our clients. Contact or Atlanta premise liability law firm today to learn how we can fight for the right of you or your loved one to receive compensation for your injuries. 

Common Types of Georgia Parking Lot Accidents

Common types of parking lot accidents in Georgia include the following:

  • Car accidents caused by drunk or distracted driving
  • Dangerous parking lot or garage conditions
  • Failure to yield the right away causing a collision
  • Distracted drivers
  • Reckless driving
  • Driving at excessive speeds
  • A lack of signage or signage that is hidden from view

While many parking lot accidents involve a motor vehicle collision, others do not. Sometimes, cars collide with pedestrians who are walking to their cars. Every year, Georgia residents receive injuries from assaults or other dangerous parking garage conditions. Most retail store customers assume that visiting malls or retail stores is safe, however, failure on the part of garage owners to make their premises safe can cause serious injuries or even death.

Sometimes property owners fail to maintain the safety of their premises. For example, if a parking garage owner knows or should have known that a dangerous condition, such as a pothole, exists in his or her garage, the owner has a duty to make that dangerous condition safe. When property owners know that their walkways or stairs are unsafe or that sidewalks around the parking lot ice over during the winter, the owner must take reasonable steps to warn patrons or make the condition less dangerous. 

Determining Who is at Fault in a Parking Lot Accident

When a motor vehicle collides with another vehicle or pedestrian, one or more drivers is usually at fault. Thankfully, most modern parking garages and parking lots have 24-hour security camera monitoring. Our attorneys conduct a thorough investigation into their parking lot accident. We examine any available video monitoring footage to determine who was at fault for the accident. 

When another driver’s negligence or recklessness causes a car accident, the negligent driver’s insurance company will be liable to pay for any damages. Many times, the negligent driver will argue that the other driver was also at fault for the accident. Our attorneys know how to effectively prove another driver’s negligence when negotiating with car insurance companies.

Proving Liability for Dangerous Conditions in Georgia Parking Lots

When a person receives an injury due to a dangerous condition in the parking lot, the property owner might be liable for his or her injuries. Owners of parking lots and parking garages are under certain legal obligations at the federal and state level. Typically, parking lot injuries caused by dangerous conditions fall under the category of premises liability lawsuits. When a property owner fails to properly maintain the parking lot or fails to keep the lot safe, he or she may be liable for any injuries that occur due to the unsafe condition.

Georgia premises liability laws require that all property owners and managers maintain their property in a way that it does not pose an unreasonable risk of harm to authorized commercial visitors. Property owners may be liable for the following injuries when they failed to maintain safe parking lots:

  • A robbery, physical assault, or mugging takes place in a parking lot or garage
  • Poor lighting causes a car accident or increases the risk of an assault in a lot or garage
  • A sexual assault or rape takes place in the parking area of a mobile home park, airport, apartment complex, hotel room, office building, or nursing home
  • A business implements negligent security practices, particularly in dangerous areas
  • A business owner fails to clean up a dangerous oil spill or other slippery condition
  • A parking lot owner fails to fix a jagged area of concrete or broken asphalt 

In order to succeed in a premises liability lawsuit, the injured party must prove that the property owner failed to meet his or her duty to provide reasonably safe conditions. Each case is unique and there is no absolute standard for what security measures meet the standard. However, failure to engage in the following security practices could be evidence that the parking lot owner is liable:

  • Post visible warning signs of the risks or dangers of being in the parking lot or garage
  • Install security cameras or security personnel in the parking garage or lot
  • Install locks, gates, fences, or other protective devices on the property
  • Provide adequate lighting in all parking lots and parking garages
  • Report and document any property violent incidents to law enforcement
  • Prevent dangerous individuals from entering the property

Recovering Compensation for Georgia Parking Lot Accidents

Parking lot owners or managers often fail to take reasonable steps to make their properties safe. Instead of taking the time to install security measures, some property owners refuse to do so to save extra money. When accidents happen as a result of negligent on the part of property owners, the attorneys at Cambre & Associates can help. Our experienced premise liability attorneys know how to fight hard on behalf of our clients. Contact our Atlanta law firm today to schedule your initial consultation.