Car park accident claims in Brisbane & the Gold Coast, QLD
Car parks are busy and dangerous places, especially during peak shopping times, such as weekends and at school holidays. However, accidents can occur at any time and the personal injuries suffered by a victim of a vehicle collision can be painful and severe.
Are you a driver, passenger or pedestrian who has been injured in a car accident in a private car park, public parking lot, or anywhere else where you have parked your vehicle?
Our experienced personal injury lawyers can assist you with personal injury and car park accident law, information and support. Speak to us to find out if you are eligible for compensation.
Injury from a car park accident: who is at fault?
A parking lot accident can occur for so many reasons, from a distracted driver, speeding, and even poor car parking signage.
Have you experienced an injury from an accident in a car park when reversing? Perhaps your accident has involved a pedestrian or was it a high-impact collision with you as the driver that has left you hurt. Did your accident cause damage to others, a parked car or the infrastructure surrounding the parking spot?
You may be eligible for compensation for the personal injury that occurred as a result of the car accident.
However, be aware that there may be time limits for making a claim. Don’t delay or get lost in the sea of complexities surrounding a parking lot accident when you could be eligible for compensation. There is no cost to give us a call, to chat with you, or send an email to us.
What should I do if I am struck by a motor vehicle in a car park?
Accidents between pedestrians and motor vehicles are common in high traffic areas, such as a parking lot.
Whether you are the driver, passenger or pedestrian, compensation will be based on such things as your income, pain and suffering, lost future earning capacity, paid and unpaid care, loss of enjoyment of life, additional medical expenses and the other financial losses that apply in your case.
You may also be entitled to claim compensation through your superannuation as a Total and permanent disability (‘TPD) claim. The Personal Injury Lawyers can help you get the maximum compensation you will need for recovery.
Complexities of car park injury claims
Car drivers, passengers, and pedestrians have a duty of care to others.
However, there is a difference between negligence where someone is injured versus simple car accidents in the car park where the damage is minimal.
Those people who cause car lot traffic accidents as a result of their negligence can find the law is complex when dealing with a negligence case. The law of negligence has been developed over many decades in the courts of law. The law examines:
1. Duty of care owed by the at-fault party to the injured party;
2. That duty of care has been breached by the actions of the at-fault party or their failure to act; and
3. The breach of duty of care by the at-fault party has resulted in the loss and damage claimed by the injured party.
What does this mean for you when working out who is at fault and even if so, if you can still make a personal injury claim? It means you need experienced legal advice to help you work through what looks like complex law so that you have a full understanding of whether you can make a claim.
The Personal Injury Lawyers are Brisbane & Gold Coast-based legal experts servicing all of Queensland, Canberra and the ACT and are here to offer compensation claim help.
Pedestrians also have a duty of care
It’s not only a driver who has a duty of care and who can be held liable for a parking lot car accident. While many think that people who are on foot are usually the victims of motor vehicle collisions, pedestrians can also be responsible for car park accidents caused by their negligence.
The reason is that pedestrians also have a duty of care. That means a person who is not in a vehicle but moving near the parking space can also be held liable for an accident if they are found to be negligent.
There are many instances where pedestrians have resulted in injuries such as damage to cars and injuries to others. Stepping into oncoming traffic even at slow speeds puts a pedestrian in danger but also prompts evasive action by the driver, which can cause accidents.
Car park facilities have responsibilities
Parking lot operators have a responsibility to ensure signs and equipment are in good working order to prevent accidents and to give clear directions to the people who use their facility. Accidents occur when there are hazards that have not been removed, where signage for car parking spots is defective and in need of repair or the signage is confusing.
Owners or operators have a legal obligation to ensure proper signage is in working order in every car park they operate.
Passengers can contribute to driver accidents
Passengers have a duty of care to act appropriately in the car to avoid having an accident.
However, there are instances where they are blocking the view of a driver, opening doors and even distracting the driver’s attention. All of these are a serious risk to a driver and it can cause an accident., particularly in a busy car park.
How much compensation can I get for my car park injury?
How do you determine who is at fault?
The amount of compensation for a car crash that you receive, even when it’s in a private or public car park, is dependent on whether you are considered at fault or not.
You may be able to seek compensation for injuries sustained in the accident. If you are found to be at fault you can still seek compensation, even if it is likely the amount you receive will be less.
It is always a good idea to consult with a legal expert on what your best course of action is. The Personal Injury Lawyers have years of providing information, advice, and support on these matters
What if it was no one's fault?
If you are injured, you may need to rely on sick leave and Centrelink benefits, Medicare and the public health system because your body has suffered such pain and injury from the damage received in the accident that you can’t work.
If you have suffered a serious personal injury and your car accident occurred on or after 1 July 2016, you may be able to access treatment, care and support through the National Injury Insurance Scheme Queensland.
In Australia, most injuries are covered under CTP policies and under the law, such as at-fault driver cover for serious injuries or death.
This area of compensation law can be complex, particularly when no one has been found at fault. However, you are not alone. If you are looking for the best-rated compensation lawyers in Brisbane, the Gold Coast, or anywhere in QLD, Canberra, and the whole of the ACT, then contact us today.