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Parking lots are ideal locations for "fender benders" to occur: A lot of cars moving around and drivers not necessarily looking where they're going, not to mention people moving among cars to get to their destination. Although common, the good thing is that they're usual low-speed collisions so damage in minimal, and generally people aren't harmed badly. Often the responsibility for the accident is shared since it can't be determined who's at fault.

Steps to Follow if You Are Involved in an Accident

However, you still need to protect yourself and your belongings from any potential lawsuit.

• Pull the cars out of the way and into a safe location
• If you can't move your car, put on the emergency flashers and exit the car
• Immediately phone for medical assistance if anyone is injured
• Call the police
• Call your insurance company
• Take picture if you have a cell phone with a camera
• Exchange names, addresses, phone numbers and insurance information with other drivers
• Get the names, addresses and phone numbers of any witnesses
• Note any facts surrounding the incident such as time, date, location, weather conditions and parking lot conditions.
• Call an attorney if you are injured or the damages are extensive

Reasons to Call the Police

Calling the police, even if your state doesn't require you to, is a good idea. This will create a police report of the incident and they can help establish the facts of the case and assist at the scene with traffic flow problems. They can also determine if anyone was driving recklessly or under the influence of drugs or alcohol.

Reasons to Call Your Insurance Company

As soon as possible, report the accident to your insurance company. They will investigate the damage to your car and any other vehicles involved. The damages can also tell the story of how the incident happened and who's at fault. Even if the damages are minimal and you think insurance might not cover them, you don't know if problems may arise in the future.

Reasons to Call an Attorney

You may want to call an attorney because the laws in each state vary and proving fault in parking lot accidents can be tricky. An attorney will be your advocate and can explain your legal rights and obligations. Also, a personal injury or auto accident attorney can help determine who was at fault so that you will get your full compensation for your injuries or for any damage to your vehicle, and they often offer free consultations.

Who is at Fault

One of the first things that you may what to know after you have been involved in parking lot accident is who is at fault. There really are no set laws while in the parking lot of many malls and shops, so many disagreements can result when dealing with fault in a parking lot accident. It may be determined that the other driver, the owner of the lot, you or a combination of people are responsible for any damage done to the vehicles involved and any injuries suffered.

How to Determine Fault

People are expected to drive their vehicles with care and thought. Failure to do this is the cause of many accidents and can lead to lawsuits. There can be no-fault accidents, in which case the person who had the right of way when driving, is usually the person not responsible for the accident. For example, if you were backing out of a parking spot and hit a car, you would be at fault since you failed to use reasonable care when backing out of your spot. Even though the person may not have had their lights on or was driving very quickly, because they had the right of way, they're not at fault. In some cases, because these are usually low-impact collisions, the fault is split, either equally or not.

The owner of the parking lot has a responsibility to ensure your safety. The lot needs to be kept in good repair and they must warn people about all known dangers that exist on the grounds.

Tips for Avoiding Parking Lot Accidents

Avoid parking lot accidents by:

• Parking far away from other vehicles, if possible
• Using a turn signal when making a turn in a parking lot
• Parking in the center of a parking space
• Paying extra attention when pulling into and backing out of parking spots
• Driving slowly through parking lots
• Being careful when entering and exiting a parking lot
• Avoiding unlit parking lots after dark
• Avoiding parking near anything that looks like it might be hazardous, such as defects or obstructions

Question for Your Attorney

• No police report was filed at the time of the accident. Will this hurt my chances of recovering damages?
• I went to the store and when I came out to my car in the parking lot, I discovered that it had been hit. What are my options?
• The parking lot where the accident occurred is in disrepair. How can I prove that the owner of the lot is at fault or partially at fault for the accident?

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