The holiday shopping season can feel like an annual ritual filled with excitement and anxiety in equal parts. For many, Black Friday marks the beginning of a festive shopping spree, with discounts driving people into stores across Western New York. However, the chaotic nature of Black Friday shopping brings with it significant risks, especially in the parking lots. With the influx of shoppers and an overcrowded parking lot, parking lot accidents become inevitable. Whether it’s a fender bender or a more serious collision, understanding how to handle these incidents is crucial.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
Understanding Fault in Parking Lot Accidents 
Parking lot accidents can vary greatly depending on the circumstances, but they usually occur due to one of the following reasons:
- Reversing Collisions: One of the most common types of parking lot accidents occurs when a vehicle backs into another. This could be caused by a lack of visibility, improper parking, or inattentiveness. The driver who is reversing is often found at fault, but there may be circumstances where the other driver’s actions (such as speeding or ignoring traffic signs) contributed to the collision.
- Fender Benders and Parking Mishaps: When vehicles collide while parking or exiting parking spaces, liability can be shared. In some cases, both drivers could be partially at fault, such as if one driver was illegally occupying a space while another was attempting to park.
- Pedestrian Accidents: Unfortunately, pedestrian accidents also happen when drivers fail to yield to people walking through the lot. Parking lots are often a mixture of foot and vehicle traffic, and drivers should always be on the lookout for pedestrians, especially in crosswalks.
- Failure to Yield and Reckless Driving: Many accidents are caused by a failure to yield the right of way. Drivers trying to rush through a lot may cut off others, not allowing them to exit or park properly. This can lead to rear-end collisions, side-swipe accidents, or worse. In such cases, the driver who caused the hazard by not following traffic rules could be held liable for damages.
Comparative Fault in New York State Law
New York follows a comparative fault system, which means that even if you are partially responsible for the accident, you can still file a claim and recover damages. The percentage of fault assigned to you will determine the amount of compensation you can receive. For example:
- If you were involved in a rear-end accident in a parking lot but were partially blocking a lane due to improper parking, you might be found 20% responsible. Your insurance payout will be reduced by that percentage.
- If you are found to be 50% at fault, you can still recover half of the damages. However, if you are more than 50% at fault, you may not be entitled to compensation at all.
What to Do After a Parking Lot Accident
In the midst of holiday shopping chaos, accidents can happen quickly and unexpectedly. It is easy to feel stressed or overwhelmed, but knowing what to do immediately following an accident can help you stay calm and ensure that you protect your rights. Here’s what you need to do:
- Ensure Safety and Check for Injuries
The first priority is ensuring the safety of all parties involved. If there are injuries, call 911 immediately. If the accident is minor and no one is injured, move the vehicles to a safe spot out of traffic if possible to avoid further accidents. - Document the Scene Thoroughly
Take as many photos as you can from different angles. Capture the vehicles involved, visible damage, and the surrounding area. Photographs of the license plates, traffic signs, and any marks on the pavement are essential. These images will serve as crucial evidence when filing your claim. - Exchange Information with the Other Driver
Make sure you collect the other driver’s name, contact details, insurance information, and driver’s license number. If there are any witnesses, take their contact information as well. - Call the Police and File a Report
It’s important to report the accident to the police, especially if there are injuries or significant damage. A police report can serve as an official document that records the details of the accident, including who was at fault. - Notify Your Insurance Company
After an accident, contact your insurance provider to report the incident. They will guide you through the claims process and ensure that the necessary paperwork is completed. Don’t make any admissions of fault to the insurance adjusters, as it can affect the outcome of your claim.
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How Big-Box Video Surveillance Can Impact Your Claim
One of the significant advantages of Black Friday parking lot accidents, especially at big-box retailers, is the availability of surveillance video. Major retailers like Walmart, Target, and Best Buy often install high-definition cameras that monitor the parking lot, which can serve as crucial evidence in the event of a dispute. Here’s how you can use this to your advantage:
- Requesting Video Footage
If you were involved in an accident near the store’s entrance or in a well-monitored section of the parking lot, request the footage as soon as possible. Big-box stores often store their video footage for a limited period, usually around 30 days, so time is of the essence. Your attorney or insurance company can help you in obtaining this footage. - Video as Evidence of Fault
Surveillance video can provide a clear record of what happened during the accident. It may show that the other driver was speeding, didn’t stop at a stop sign, or failed to yield to pedestrians. If you’re claiming that another driver caused the accident by their actions, video footage can offer vital proof to strengthen your case. - Legal Ramifications of Video Evidence
While the video can greatly benefit your case, it can also present challenges. For example, if the video footage is unclear, grainy, or doesn’t show key moments of the incident, it may not be as helpful. Additionally, if the store’s security footage shows that you were partially responsible for the accident, it could reduce the amount of compensation you’re entitled to.
Challenges with Surveillance Footage
While video surveillance is an incredible tool, it does come with some challenges:
- Time Sensitivity: As mentioned, video footage is typically only stored for a limited time, usually 30 days. If you don’t act quickly, the footage may be overwritten, leaving you with no visual evidence of the incident.
- Privacy Concerns: Retailers may not be willing to release footage directly to the public. You may need to file a legal request or work through your attorney to access the footage.
- Availability of Footage: Depending on the area where the accident occurred, there may not have been a camera angle that clearly captured the incident. In some cases, the video may not show enough to establish fault clearly.
What to Expect When Filing a Claim
After gathering evidence and determining who was at fault, it’s time to file your claim. Keep in mind that parking lot accidents may not always lead to major settlements, but in the case of injuries, medical bills, or significant vehicle damage, compensation could be substantial.
- Insurance Claims Process: Your insurer will likely perform an investigation, which includes reviewing photos, police reports, and any available video footage. Depending on the complexity of the case, this can take weeks to process. If the other party’s insurer is involved, the claim may require further negotiation.
- Litigation: In some cases, when settlements fail, the dispute could end up in court. Your lawyer will help you understand whether litigation is necessary or if a settlement is possible before a trial begins.
Legal Advice for Parking Lot Accidents
If you’ve been in a parking lot accident, especially during a busy time like Black Friday, it is always a good idea to seek legal advice. Having an experienced attorney from Friedman & Ranzenhofer, PC can help guide you through the complex process of insurance claims, disputes, and negotiations. They can ensure you are not taken advantage of by insurers and will help you recover the compensation you deserve.
Black Friday parking lot accidents are an unfortunate but common occurrence. Knowing how to navigate these incidents, whether through documenting the accident, understanding New York’s fault laws, or utilizing video footage, can significantly impact your chances of a successful claim. If you’ve been involved in such an accident in Western New York, contact Friedman & Ranzenhofer, PC for expert legal guidance. They will help you take the necessary steps to protect your rights and receive the compensation you deserve.
To learn more about this subject click here: Parking Lots Are a Common Spot for Distracted Driving