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I was hit by a car outside of the Westfield Southgate mall in Sarasota. Do I have a case even though the accident took place in a parking lot?

 

A:

 

When a pedestrian accident takes place on the streets of Sarasota, it may make it easier to attach liability. For example, if a driver failed to yield to a pedestrian in a crosswalk and that pedestrian was crossing with the pedestrian traffic signal, the driver of the car may be held liable for the accident.

When a car and pedestrian accident occurs in a parking lot, liability can be more complicated. Typically, parking lots are privately owned and police officers generally don’t respond to accidents that take place in parking lots. Because you possibly won’t get a police report of the incident, it may be hard to establish responsibility.

It is possible that the driver was traveling too fast through a parking lot, texting while driving, or just not paying attention to pedestrians. However, the property owner may be liable if there were inadequate signs directing traffic. The truth of the matter is that pedestrians can sometimes be at fault if they are walking and texting and just not paying attention to their surroundings.

Before we can determine if you have a valid pedestrian accident lawsuit on your hands, we would need to review the details of your case and discuss the specifics of your accident with you. Even if you don’t have a lawsuit, you should still be able to get your injuries covered under your own personal injury protection (PIP) insurance.  

However, PIP insurance will only cover a certain amount of medical bills and lost wages, and typically injured pedestrians need more compensation that what PIP benefits provide. To find out whether you may have a personal injury lawsuit following your pedestrian injury, we have many helpful and free resources on our website you can access. We also invite you to call us for a free consultation at 888-409-3805.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney