If you are leisurely shopping around in a store, you may need to be mindful of the wrong prices being on the products that you are looking for. You may even look out for a wet floor sign or two. The last thing that you will think about is a car harming you when you are inside of a store. There have been a number of instances of drivers running into a building. If you have been injured due a car running into the store, there is a high chance that you may have an injury. If this happens, you will need to file a personal injury claim. The only problem is figuring out who to file the claim against. Here are three ways to tell who your personal injury claim should be against.
Was the driver of the car under the influence or distracted?
If the driver of the vehicle that went into the building was under the influence of alcohol or drugs or was texting and driving, they were committing a crime on the road. This means that the likelihood of complete liability falls on the driver of the vehicle. To determine if the driver was cited, you should get a copy of the police report once it is prepared. This will give you and your personal injury attorney the information that you need.
Did the store not comply with safe parking?
Though a person should be aware of the distance between their car and another object, the store may not have been legally correct in how they have placed their parking. If their parking is too close to the building and does not have any curb nor does it have any bumpers to stop cars from getting close to the store walls, this is a problem. If the way that the store has set up parking makes it easy for a car to run into the wall, you should ask your attorney to do an investigation. This will determine store liability for the crash.
Could it be 50/50?
It could turn out that both the driver and the store are negligent when it comes to the crash. The driver may not have been practicing safe road practices and the store may not have set up parking appropriately. There are cases in which companies and people could both be found liable for personal injury. If this is the case according to any research by investigators, you can be compensated by the driver of the car and the store.
For more legal information, talk to a professional like Dunbar & Dunbar.
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