Car parks are busy places and with so many distractions, accidents happen. Whether you’re a pedestrian or you were in your car, sometimes it can be confusing to figure out who was the negligent one. In this article we help shed some light on who is at fault in a car park accident in Australia.
If You Were Both in a Car
If the accident involves cars and not pedestrians, the negligent driver is usually the one moving at the time of the accident. For situations where both sides were driving, this will often mean a percentage of fault is assigned to each driver unless signs such as Give Way or Stop have been ignored.
To take a common example, if someone is reversing and they crash into another car, the person reversing will usually be at fault. If, however, the accident was caused by the other driver speeding or not paying attention they may be found to be at fault. For advice on whether you can claim compensation from a car park accident, our friendly team members are always happy to help.
If You are a Pedestrian and Have Been Hit
Since car parks are high pedestrian and traffic areas, unfortunately pedestrian accidents also happen. People sometimes assume that as a pedestrian, the person in the car is the negligent one. This is not necessarily true as pedestrians also have a duty of care in all States. This can make it difficult for you to determine who is actually at fault in a car park accident in Australia.
In Queensland, the Civil Liability Act 2003, determines if there has been a breach in the duty of care or negligence from the injured person’s side. We’re here to help you determine whether you have a sound pedestrian injury compensation claim or not.
Is the Car park at Fault?
In certain situations the car park may be at fault for the accident. This can be the case if they have not installed proper signage or fixed issues that have led to the accident.
Find Out if You are Eligible for Compensation
Not sure whether you can claim compensation for an injury you have sustained due to a car park accident? Get in touch to arrange an obligation-free chat and find out if you are eligible for compensation.