Lexington, Kentucky is known as the “Horse Capital of the World.” But it’s not just the horses that do the racing. Traffic never stops flowing through the city. Cars, Trucks, and SUVs speed around in every direction.
You may not be surprised to know that the rush isn’t just out on the roads. A parking lot can turn into a madhouse at certain times of the day. Drivers trying to get the best spot or trying to quickly get back out.
As in any other location, motorcycle riders are especially vulnerable in parking lots. The smaller size of the motorcycle and lower profile can lead to a collision with a distracted driver. Injuries and major damage to the bike are possible. In these cases, fault can be hard to determine. Local motorcycle accident attornies like those with The Kaufman & Stigger Law Firm can help in determining who should be held responsible.
Motorcycle Hazards in Parking Lots
When you’re on a motorcycle, careless drivers are never far off. That can even extend to a parking lot. If drivers will claim they couldn’t see you and your motorcycle on the highway, they’ll likely claim the same thing in a parking lot accident.
A car exiting a parking spot can back into you. A driver may not take a second look and pull into a spot that you’re already occupying. The impact can carry a surprising amount of force.
A crash in a parking lot is usually a low-speed event, but they can total a motorcycle and even leave you hurt. Even though the accident was the fault of another driver, you may be left with injuries and the hospital bills that go along with them.
Parking Lots And Negligent Drivers
Determining fault in a parking lot crash can be a complex proposition. A parking lot is made up of parking lanes, lined with the parking spots. There’s also the through lanes, the routes around the perimeter of the lot. If a driver is exiting a parking lane and hits a car in a through lane, the driver in the parking lane is generally found at fault. Drivers in the through lanes usually have the right-of-way.
Accidents involving parking spaces are another factor that creates confusion. Technically, both drivers involved have the responsibility to make sure it’s safe to proceed. But generally, once a driver is already proceeding out of a parking spot, other drivers must stop to let him or her out.
If two parked cars are backing up and it’s unclear who backed out first, a “simultaneous backup” situation is created. Fault can be a jumbled mess at this point.
Frequently Asked Questions:
What if I feel I was partially at fault?
As you may have guessed, determination of fault is tricky in parking lot accidents. In these confusing cases, you should never assume you are at fault. Be careful what you say at the accident scene as well. Don’t admit fault. It’s better to let an experienced attorney decide how you should proceed.
What is a Comparative Negligence State?
Even if you’re later found to be partially to blame, remember that Kentucky is a pure comparative negligence state. That means if you were partially at fault for a motorcycle accident that caused you injuries, that does not bar you from recovering damages. You could be assigned a portion of the blame and the other driver may be assigned the rest of the responsibility. You may still be able to file a claim in these instances.
What’s the deadline for filing my claim in Kentucky?
According to Kentucky state law, you have one year to file a claim for injuries in an accident. You have two years to file a claim for property damage. Even though it appears you have time to put off filing for a claim, we recommend you contact a motorcycle accident attorney as soon as possible. The further you get from when the accident happened, the harder it’ll be to gather evidence and secure accident reports.
Contact a Lexington Motorcycle Accident Lawyer
Motorcycle accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Lexington Motorcycle Accident Attorney you can trust to be on your side and fairly represent your case. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, contact Kaufman & Stigger, PLLC today, by clicking here to contact them online.