Cairns Injury Lawyers | Injury Lawyers

Who is at Fault in a Car Park Accident in Australia?

| Preston Law

Car parks pose a threat to pedestrians and other drivers due to distractions, precarious conditions, and the sheer volume of vehicles that can be moving about in a tight spot simultaneously. These factors can all contribute to accidents involving both vehicles and pedestrians.

Whose fault the car park accident is will depend on the situation. Driver responsibilities extend to car parks, and they must also observe the speed limits and other special instructions and signage as displayed within the facility.

With this in mind, it is the parking lot operators who bear the responsibility of ensuring signs and fixtures (such as boom gates) are highly visible and in good working order to minimise the risk of accidents occurring. The operators must also ensure the signs are not confusing or ambiguous so people can confidently navigate the car park, thereby mitigating the risk of prangs.

It’s not only drivers and parking lot owners and operators who can be responsible for car park accidents, often pedestrians and passengers are at fault, too.

What happens if a passenger contributes to the car accident?

Some of the ways a pedestrian or passenger may be responsible for an accident include:

  • Stepping into oncoming traffic (even when cars are driving slower than usual);
  • Opening car doors without considering oncoming traffic;
  • Blocking a driver’s view; and
  • Distracting a driver.

If you are injured in an accident caused by someone who is not driving a vehicle you may still be eligible for compensation and the following will be examined when your case is considered:

  • Was a duty of care owed to the injured party by the party at fault?
  • Was that duty of care breached because of the actions of the party at fault or in their failure to stop the accident from happening?
  • Did the breach of the duty of care cause the loss and damage the injured party claims that it did?

The absence of a vehicle/s can make it more difficult to prove who was at fault when a non-driving party is involved. It is always prudent to seek assistance from a personal injury lawyer when you have been injured in a car park accident as they can assess your case and advise you on your eligibility to claim compensation.

What happens if the driver flees the scene, or no one is at fault?

If you have sustained a serious injury in a car park accident but the driver fled before you could take down their details, or the driver stayed on the scene, but an at-fault party cannot be established, you may be able to access lifetime treatment, care, and support through the National Injury Insurance Scheme Queensland.

Am I entitled to compensation if I have been injured in a car park accident?

If you have been injured at the fault of another person, you may be entitled to compensation.

Many factors will be considered to determine if you are eligible for compensation, including the impact the injury has had on your ability to earn an income and the effect the injuries have had on your quality of life.

It is important to note that there are time limits for making a claim, so you should contact a personal injury lawyer as soon as possible after the accident.

If you would like to pursue compensation for an injury after being involved in a car park accident, please contact one of our experienced personal injury lawyers on (07) 4052 0760 who can advise you on the next steps. Our experienced personal injury lawyers handle these types of cases on a regular basis and can help to guide you through the process for making a claim.

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