What can I do if I was hit by a vehicle while walking through a parking lot?

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What can I do if I was hit by a vehicle while walking through a parking lot?

The driver was charged in the accident. She turned left hitting me in the knee, driving me up on hood and back down to the ground. Would I have a case against the strip mall/parking lot owner? There was no crosswalks or watch for pedestrian type signs.

Asked on November 4, 2013 under Personal Injury, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You almost certainly would NOT have a case against the mall or parking lot owner, unless you could show that it was unreasonably careless to not have crosswalks, "watch for pedestrian" signs, etc.--which is unlikely, given that many or possibly even most such parking lots lack these things (so therefore, it is generally considered acceptable to not have them). The mere fact that an accident occured on someone's property does not, without some fault on their part, make them liable.

You may, of course sue the driver.


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