Q: I was hit by a car coming out of parking garage. Who is at fault?

A: The driver of a vehicle when entering or exiting from an alleyway, building, private road, parking garage or driveway must yield the right-of-way to any pedestrian on a sidewalk.

According to the National Highway Traffic Safety Administration (NHTSA), one out of every five car accidents occurs in parking garages and parking lots. If you are hurt in a parking lot or parking garage, your legal rights remain the same, even if it is private property. If someone else’s negligence causes your injury, they are responsible for your damages, which can include medical bills, out-of-pocket expenses, lost wages, pain and suffering.

Parking garage owners have responsibilities

Parking garage owners also have a legal duty of care to keep their premises reasonably safe, which includes making regular inspections to eliminate dangerous conditions and defects. Reasonable means the garage and lot owners don’t have to keep their premises completely safe from every possible harm.

Legal precedents have determined that it is unfair to hold parking lot owners liable every time someone has an accident. For an owner to be held liable, the danger must be apparent during regular inspections, or the owner must be given notice of the danger. The owner must also have been given a reasonable amount of time to address the dangerous condition once they found out about it.

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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