Determining Who’s at Fault in a Las Vegas Parking Lot Accident
Generally, the law for accidents in parking lot is the same as car accidents on the road. Most parking lots in Nevada have stop signs and other devices for motorists to obey. Drivers are responsible for following these devices and use caution whenever necessary. Determining who is at fault can be a complex process in a crowded parking area especially if complicating factors come up.
Why the need to determine
Police officers may claim that they cannot determine who is at fault since a parking lot is a private property, but even if a careless driver was not cited, complainants can still have a claim. It is necessary to determine who is fault officially, for it decides which insurance is liable for paying the damages. Insurance companies rely on testimonies of witnesses to determine fault.
How fault is determined
In parking lot car accident, fault is partly determined through standard road rules and partly by insurance company’s internal guidelines. A driver is automatically at fault if he hits a pedestrian or a parked car, run a stop sign, drives the wrong way or fails to follow other established rules of the road. Additionally, he is at fault if he manifests negligence by driving too fast, texting while driving, or engaging in other reckless behavior. Things can get obscure if things happen beyond these clear-cut cases. If the accident involves two moving vehicles, some insurance companies share responsibility evenly or in rare cases, 25-75. This typically happens when accidents involve cars hitting each other while backing out of space at the same time.
When parking lot is at fault
Some car accidents happen due to poorly maintained parking lot facility. The property owner is primarily responsible for ensuring that the parking lot is safe for everyone to use. They should see to it that problems like holes, inadequate lighting or construction defects are addressed or visitors are warned about slippery surfaces, etc. The building owner can be liable to premises liability claims resulting from negligence. This is common in comprehensive claims involving parked vehicle or single vehicle accidents. Complainants can recover compensation for repair, medical bills or loss wages, when applicable.
What to do to support your case
Fault is often contested for no one wants to admit his responsibility for an accident. In case the other party contests, you should do a few things to support your case. You can write down the incident as soon as possible. This allows you to recall the incident accurately and not confuse your insurer with conflicting statements. Take a picture of the scene and the damage to your car. This helps easily recreate the scene and provide evidence that supports your version. Get the contact information of witnesses who saw the accident and obtain footage of surveillance cameras from the security department. It is best to remain calm for anger will not lead you to anything. Do not hesitate to get in touch with a Nevada lawyer for professional advice. A good lawyer will protect your rights and get the proper settlements.
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