Parking Lot Accidents in San Antonio TX: Who is Liable for Pedestrian Injuries?

Downtown San Antonio, Texas, offers parking garages and surface lots to accommodate visitors to the River Walk and other sites. These large lots are convenient, but also pose hazards to those navigating by car or on foot. Pedestrian accidents happen in parking lots, often leading to severe injuries for the victims.

Our San Antonio TX attorneys at Carabin Shaw help pedestrians identify liable parties in parking lot accidents so they can pursue damages for their injuries. We offer our services on a contingency-fee basis and free case reviews, allowing you to access the legal help you need at no upfront cost. Our English- and Spanish-speaking team is available 24/7 at 1-800-862-1260.

Lower speeds in parking lots may make them feel safer, but a high number of cars within a limited area creates unique hazards. The National Safety Council (NSC) reports that two-thirds of drivers in parking lots make phone calls while driving. Many more are distracted by GPS systems, texts, or social media. Distracted drivers are a danger, and pedestrians often bear the consequences.

Distracted driving isn’t the only cause of parking lot accidents. Other hazards include:

• Speeding
• Frequent reversing
• Confusing traffic patterns
• Sharp turns or narrow lanes

Pedestrians often find themselves close to moving vehicles, increasing the risk of a serious crash. Your attorney will investigate your accident to identify the cause and the at-fault parties.

Drivers in a parking lot owe a duty of care to protect pedestrians from a collision. When drivers breach that duty, it’s known as negligence. For example, a driver who fails to look before backing out or speeds through the lot may be guilty of negligence and liable for damages you incur.

Your lawyer must show that the driver’s breach led directly to your injuries. You must also establish that you suffered damages and that you are seeking compensation for those damages. Your accident lawyers in San Antonio, Texas will calculate your damages based on the severity of your injuries and potential losses now and in the future.

Property owners may also contribute to parking lot crashes if they fail to maintain their lots and garages. Under Texas’s premises liability laws, these owners can be held liable for accidents if they were aware of the issue and failed to make necessary repairs or provide proper warnings. Examples might include:

• Presence of hazardous objects or obstructions
• Inadequate or non-functioning lighting
• Broken pavement or unmarked crosswalks
• Unclear entry or exit points

To hold a property owner liable, your attorney must show that you were an invitee to the property. These individuals are “invited” onto the property for the benefit of the owner and guests, such as customers.

Pedestrians may also contribute to their accident by crossing in front of a moving vehicle or walking in the wrong direction. Under Texas’s proportionate responsibility rule, you can still collect damages if your portion of fault is 50% or less. However, your damages will be reduced by your percentage of responsibility.

Identifying at-fault parties in a parking lot accident can be complex, as negligent parties are typically not forthcoming with admissions of guilt. It will be up to your personal injury lawyer to investigate the accident and produce evidence to build your case. Steps might include:

• Investigating and analyzing the accident scene
• Collecting statements from eyewitnesses
• Reviewing video footage of the lot or garage
• Inspecting safety and maintenance logs
• Studying toxicology reports
• Gathering information from accident reconstruction experts

The statute of limitations on most personal injury cases in Texas is just two years. Don’t wait to get the professional assistance you need to maximize your damages.

If you are injured in a parking lot accident, you need a San Antonio pedestrian injury attorney to protect your rights and ensure you get all the damages you deserve. Our client reviews attest to our ability to assist victims like you in both areas. Call us toll-free today at 1-800-862-1260.

For more information:

• https://www.nsc.org/road/safety-topics/distracted-driving/parking-lot-safety?
• https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75.HTM
• https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
• https://statutes.capitol.texas.gov/docs/cp/htm/cp.16.htm