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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Accidents in parking lots might seem less serious than highway crashes, but in New Jersey, these incidents can lead to real injuries, complicated legal issues, and unexpected insurance challenges. Whether you’re a pedestrian struck by a car, a driver sideswiped while backing out, or someone who slipped on ice, it’s crucial to understand your rights.
This guide breaks down everything you need to know if you’re injured in a New Jersey parking lot accident, including who may be liable, how insurance applies, and what compensation you may be entitled to receive.
While parking lot collisions usually happen at low speeds, they still cause significant damage—both physically and financially. Pedestrian accidents and slip-and-fall injuries often occur here, especially on private property. These locations are also full of blind spots, unpredictable traffic, and poor maintenance, increasing the risk of injury.
Backing-Up Collisions
Two cars backing out at the same time often hit each other, especially when visibility is blocked by larger vehicles. These accidents raise questions of shared fault.
Pedestrian Strikes
Drivers may not see pedestrians walking between cars or outside of crosswalks. These accidents can cause severe injuries, even at low speeds.
Slips, Trips, and Falls
Neglected surfaces, uneven pavement, and icy walkways often cause pedestrians to fall. Property owners have a legal obligation to address hazards.
Why Fault Matters
In New Jersey, who caused the accident plays a big role in whether or not you can file a claim for certain damages. Even though no-fault insurance pays for many initial expenses, fault determines who pays for the rest.
Shared Responsibility and Comparative Negligence
New Jersey follows comparative negligence law, which means both parties can share fault. If you’re less than 51% responsible, you can still pursue damages, but your compensation will be reduced based on your percentage of fault.
Common Scenarios for Assigning Liability
What Is Personal Injury Protection (PIP)?
New Jersey drivers are required to carry PIP coverage, which pays for your medical expenses and some lost income after an accident, regardless of who was at fault.
Who Does PIP Cover?
Step 1: Ensure Safety and Get Medical Attention
Your health is the top priority. Even if you feel fine, see a doctor. Injuries like concussions and soft tissue damage often show up later.
Step 2: Exchange Information
Collect names, contact info, driver’s license numbers, license plates, and insurance information from all involved parties.
Step 3: Document the Scene
Use your phone to take detailed photos and videos of the accident location, damage, injuries, weather, lighting, and environmental hazards.
Step 4: Identify Witnesses
If anyone saw what happened, politely ask for their contact information. Their perspective can help clarify fault later.
Step 5: File a Police or Incident Report
While police may not always come to a parking lot accident scene, having a record is still important. File an official report if someone is hurt.
Step 6: Notify Your Insurance Company
Report the accident, but avoid providing recorded statements or accepting settlements until you’ve spoken to a lawyer.
Understanding Limited vs. Unlimited Right to Sue
Your ability to sue after an accident depends on the type of car insurance you selected.
What Counts as a Serious Injury?
When Property Owners Can Be Sued
If a hazardous condition like broken pavement or unshoveled snow caused your injury, the property owner or manager could be held legally responsible.
1. Medical Expenses
You can be compensated for hospital visits, surgeries, therapy, prescriptions, and future treatments.
2. Lost Income and Earning Capacity
If your injuries prevent you from working, temporarily or permanently, you may recover your lost wages and diminished future earnings.
3. Pain and Suffering
When your injuries are severe enough to meet NJ’s lawsuit threshold, you can pursue non-economic damages such as pain and suffering, emotional distress, or reduced quality of life.
4. Property Damage
Vehicle repair or replacement costs are also part of your claim, especially if the crash wasn’t your fault.
Key Types of Evidence
Why Evidence Matters
Insurance companies and courts rely heavily on documentation. The clearer the picture you paint, the stronger your case.
When Legal Help Is Critical
It’s wise to contact a personal injury attorney if:
What a Lawyer Can Do for You
A lawyer will:
Time Limits on Legal Action
In New Jersey, the statute of limitations for personal injury cases is generally two years from the date of the accident. If the accident involves a public entity (like a municipal parking lot), you must file a notice of claim within 90 days.
What should I do immediately after a parking lot accident in New Jersey? If you’ve been involved in a parking lot accident, the first priority is your safety. Seek medical attention, even if your injuries seem minor at first. Report the incident to the police or property manager if applicable, and make sure to gather evidence by taking photos of the scene, damage, and any visible injuries. Exchange insurance and contact information with the other parties involved, and if there are witnesses, collect their details as well. You should also notify your insurance provider and consult a personal injury attorney to better understand your legal options.
Does no-fault insurance cover parking lot accidents in NJ? Yes, New Jersey’s no-fault insurance system applies to parking lot accidents. This means your own auto insurance’s personal injury protection (PIP) coverage will pay for your medical expenses and some lost wages, regardless of who was at fault. This coverage applies whether you were driving or a passenger. If you were a pedestrian, your own PIP may still apply, and if you don’t have car insurance, the driver’s insurance might be responsible for covering your injuries.
Can I sue the property owner if I slipped and fell in a parking lot? You may have grounds for a lawsuit against the property owner if your fall was caused by negligence, such as unshoveled snow, ice, uneven pavement, oil spills, or other hazards that should have been addressed. Property owners in New Jersey have a legal duty to maintain safe premises. If they fail to do so and their negligence results in injury, they can be held financially responsible for your medical bills, lost wages, and other damages.
How is fault determined in a parking lot accident? Fault in a parking lot accident is determined by analyzing the actions of each party involved. Investigators consider factors like who had the right-of-way, whether traffic signs or signals were followed, whether vehicles were moving or stationary, and whether any distractions or violations occurred. In some cases, both drivers may share fault. New Jersey follows a comparative negligence rule, so if you’re less than 51% at fault, you can still recover compensation—though it will be reduced by your percentage of fault.
What types of compensation can I receive for a parking lot accident injury? Compensation can include medical expenses, lost wages, rehabilitation costs, and, if applicable, damages for pain and suffering. If your injuries are severe or permanent, you may also be entitled to compensation for loss of future earning capacity or reduced quality of life. Property damage, such as vehicle repair or replacement, may also be included in your claim.
Parking lot accidents may seem straightforward, but their legal and financial implications can be complex. From insurance disputes to injury-related lawsuits, the decisions you make after your accident matter.
If you’ve been hurt in a parking lot accident in New Jersey, take the time to understand your legal rights—and take action to protect them. Proper documentation, timely medical care, and the right legal advice can mean the difference between a denied claim and full compensation.
If you’ve been injured in a parking lot crash, pedestrian accident, or slip-and-fall in New Jersey, don’t wait to get the help you need. A qualified personal injury attorney can guide you through the legal process, deal with difficult insurers, and fight to ensure you get the compensation you deserve.
Contact The Epstein Law Firm, P.A., today for a free, no-obligation consultation. You have rights. Let a professional help you protect them.
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The Epstein Law Firm
The Epstein Law Firm