The Gutierrez Law Firm represents victims of pedestrian accidents in Bellaire. These accidents often happen in busy areas, even outside of the roads. One common place is at fast food restaurants, which are virtually everywhere throughout the area. If you or someone you care about gets hurt in such an accident, contact us today for a free consultation to talk about your options.
When Do You Need a Lawyer?
After a pedestrian accident, you might wonder if you need a lawyer. If your injuries are small, you might not need legal help. But even if you think you can handle it alone, consider working with our team. Here’s why:
- Dealing with insurance – We’ll talk to insurance companies to make sure you’re treated fairly.
- Standing up for your rights – We’ll make sure to stand up for your legal rights against unfair tactics from an insurance company. If your case goes to court, we’ll do everything we can to protect your claim there too.
- Making things easier – We handle the paperwork and communication, so you can focus on getting better.
Every case is unique, and our team can give you personalized advice. Plus, we offer free consultations and work on a contingency-fee basis, so you don’t pay anything upfront. Still, these accidents can be very difficult. And one of the most challenging parts is figuring out who’s responsible.
Who is Responsible When There’s an Accident in a Fast Food Parking Lot?
Being a pedestrian in a Bellaire fast food parking lot doesn’t mean you’re safe from an accident. What’s worse, these types of accidents are sometimes even more likely here, because there’s often a large number of vehicles and activity in these parking lots. With so many hazards, it’s not all that surprising that you can get hurt in this environment.
But a huge part of your case is going to be who you have to go up against. This means figuring out who is responsible for the accident.
In a typical pedestrian accident in a fast food parking lot, it’s going to involve the driver of a vehicle. Given the nature of these accidents, it’s likely that they’ll carry most of the responsibility since they have a duty to drive carefully. So when they’re not paying attention or darting in and out of lanes and hit you, they’re responsible.
Still, it’s not always straightforward. Others might also share the responsibility, depending on the circumstances. Most of the time, this involves:
- Restaurant ownership or management – The owner or manager of the fast food restaurant, especially in franchises, can be responsible if the parking lot is unsafe. If they don’t fix potholes, ensure proper lighting, or put up clear signs, they might be liable if someone gets hurt. They are responsible for keeping the parking lot safe for customers.
- Local government agencies – Local or state governments can be held responsible if poor maintenance of surrounding public areas, like roads or sidewalks, causes an accident. This includes things like potholes, broken sidewalks, poor road markings, or broken traffic lights. They must keep public areas safe, and if they don’t, they might share the blame.
- Other pedestrians – Other pedestrians can also be liable if their actions cause an accident. For instance, if a pedestrian suddenly runs into traffic, causing a driver to swerve and hit someone, that pedestrian could be responsible. Pedestrians need to follow traffic rules and act safely.
- Maintenance workers – Maintenance crews can be liable if their work, or lack of it, leads to dangerous conditions. This includes not clearing debris, not fixing potholes, or leaving tools in dangerous spots. If their negligence creates a risk that causes an accident, they could be held responsible.
What Do You Have to Do When You’re Injured in a Bellaire Fast Food Parking Lot?
Regardless of liability, there’s a few things you have to do when you’re injured in a fast food parking lot. You have to do these things to both protect your health and your potential claim:
- Get medical care – Seek immediate medical help, either from a restaurant employee who can call an ambulance or by going directly to a hospital. Make sure you have proper documentation of your injuries.
- Tell the restaurant about what happened – Find a restaurant staff member or manager right away and tell them what happened. If you’re injured, also call local police to handle the situation. Ask if the restaurant has surveillance footage or any incident reports since it happened on their property.
- Gather evidence and information – If possible, take photos or videos of the accident scene, including any injuries. Collect insurance details from the driver involved and contact information from witnesses.
- Preserve any evidence – Keep any damaged property and refrain from repairing or replacing anything until advised otherwise.
- Document your injuries and progress – Keep a record of your injuries with photos and notes on any pain or limitations you experience. Retain all medical records and bills.
- Be careful when talking about the incident – Avoid discussing the accident extensively, and refrain from posting about it on social media platforms.
Again, every situation is different. This means that it might not always be possible to take these steps, especially if you’re more seriously injured. At the same time, these steps are incredibly important to the overall claims process and you should make every effort you can to gather this information.
What Are Your Claims Options After These Accidents?
When you’re hurt in an accident in a fast food restaurant parking lot, you have the same legal rights as in any other accident. Namely, your main option is filing an injury claim either by filing an insurance claim or going with a personal injury lawsuit.
These options are open to you regardless of fault or where the accident happened. Our experienced team can assist you throughout the process, helping you to recover “damages,” like:
- Medical expenses – This is probably the biggest category of damages in an injury claim, covering any hospital costs for treatment, surgery, medications, and any other medical expenses that come up because of the accident.
- Lost wages – These cover any lost wages or income you miss out on because of your injuries. It can also include lost earning potential if you can’t work.
- Property damage – This category covers repair and replacement costs of any damaged or destroyed property from the accident, like your phone or clothing.
- Pain and suffering – These damages cover the physical pain and mental suffering you go through because of your injuries. Separate damages can also cover the emotional trauma you experience.
- Loss of enjoyment of life and companionship – These damages cover any loss of your ability to enjoy activities you once did or any strain on your personal relationships that result because of your injuries.
The amount you receive will depend on the specifics of your accident and how well you present your case, but we’ll work with you to build a strong claim. We’ll also make sure you file your case within Texas’ statute of limitations. Currently, you have two years from the date of the accident to file.
How Do Accidents Happen in a Fast Food Parking Lot?
When you stop to think about the sheer number of vehicles and people traveling in and out of a fast food parking lot on a daily basis, it’s really not all that hard to see why accidents happen there. But at the same time, how these accidents happen is also an important context to the situation.
In the vast majority of cases, pedestrian accidents in fast food parking lots happen due to:
- Distracted or reckless drivers – Drivers not paying attention or driving too fast through the parking lot frequently can’t react in time to pedestrians.
- Darting in and out of spaces – Drivers quickly moving in and out of parking spots, or not paying attention when they back out of a spot are fairly common reasons for these accidents.
- Cars parked illegally – Vehicles that are parked illegally or where they aren’t supposed to block areas meant for pedestrians, putting them in harm’s way.
- Lack of security – Sometimes, a lack of security or cameras can lead to criminal incidents in these parking lots.
- Poor design – Some lots have confusing layouts that lead to accidents.
- Uneven or cracked pavement – Pavement that is uneven or cracked can cause tripping hazards.
- Lack of signs or warnings – Not enough signs or warnings to guide drivers and pedestrians can cause confusion and accidents.
No matter how careful you are as a pedestrian, you can’t control the actions of other drivers or even the management of the particular restaurant. This can unfortunately put you at risk. Most of these accidents are preventable, but regardless of how it happens, you can rely on our team to help you navigate the claims process.
Legal Guidance After a Pedestrian Accident in a Bellaire Fast Food Restaurant Parking Lot
At the Gutierrez Law Firm, our team of Bellaire pedestrian accident lawyers are here to provide the legal guidance and support you need if you’ve been injured in an accident in a fast food restaurant parking lot. While you might not expect to get hurt in this situation, it can happen. When it does, you can trust our team’s guidance. Contact us today for a free consultation to get started.