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Parking Lot Accidents in Nova Scotia: Whose Fault is it?

You have probably heard several misconceptions about parking lot car accidents. Some people say that in case of a vehicle accident in a parking lot, the fault for the incident is always split on a 50-50 basis. This is not true. You may not be sure where this idea came from, but it is what most people think is true when they start driving. It turns out that many unsuspecting drivers become victims of this misconception when their vehicle is hit in a parking lot by a negligent driver.

Too often, drivers choose to settle the accident on the spot and accept responsibility for the it even if they didn’t cause it. It’s important to mention that even a low-speed parking lot car collision can cause a painful lifelong impact on the victim. If you accept a portion of the blame for the accident or choose to settle the matter on the spot, the chances are that you will get insufficient compensation. This is why it is essential to dispel the parking lot car accident 50-50 myth.

Establishing fault in parking lot vehicle accidents

Suppose a vehicle accident occurs within a parking lot premises. In this case, the insurers use fault determination guidelines stipulated within the laws and regulations under the Motor Vehicle Act along with the Insurance Act to determine who was at fault for the incident. That means the fault is not automatically split between the involved parties on a 50/50 basis. Though the process of establishing fault depends on the specifics of the incident, there are two crucial facts that you should be aware of when it comes to parking lot vehicle accidents.

First, a driver maybe 100 percent at fault for the incident if they fail to yield the right of the way to a vehicle passing by the parking spaces within the parking lot. That means if the driver was blindly backing out of a parking space or pulling out without considering other parking lot users, the fault for the incident is not going to be shared on a 50/50 basis.

Secondly, a driver maybe 100 percent at fault for a vehicle accident if they failed to yield to traffic moving on the main road or sections of the parking lot. This often happens if a vehicle in the feeder rows or lanes of the parking spaces attempts to cut across or merge with the traffic on the main section. This usually makes sense because the vehicle in the road will be pulling out onto the primary line of travel.

Keep in mind that the fault determination regulations do not consider road conditions, the actions of pedestrians, weather conditions, and visibility. They only consider the positions of the vehicles involved in the accident, their movement, and the traffic regulations in the spot where the collision happened.

Most people are usually shocked to learn these facts, particularly if the main reason the vehicle accident happened was road conditions, actions of pedestrians, weather conditions, and visibility issues. That means that a car accident lawyer may interpret the circumstances surrounding an accident differently from an insurance company’s perspective. This is why it is always helpful to consult an experienced lawyer if you were involved in a parking lot vehicle accident.

After the parking lot car accident

If you suffered severe injuries, every portion of blame you accept will significantly reduce the amount of injury claim compensation you deserve. When your lawyer analyses your vehicle accident claim, he or she will have to consider all the relevant circumstances of the incident that caused the injuries. The ultimate goal is to prove that the other person was negligent and, as a result, you suffered injuries. The lawyer will not assume that the fault for the accident is 50/50 unless there is sufficient evidence to show that you and the other driver were equally to blame for the incident.

If you or a loved one suffered severe injuries as a result of another person’s negligence or bad driving in a parking lot, consult us. We will analyze your case and help you understand your legal options; we will also help you understand the legal concepts and issues involved in your case, the actual value of your personal injury claim, and you pursue your claim to get the amount of compensation you deserve.

You have problems with parking lot car accident, our team Wagners Law Firm is always ready to provide qualified advice.

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