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Hit by a Car in a Parking Garage? Know Your Legal Rights

Parking garages and multi-level parking structures present unique dangers for pedestrians that many people don't consider until it's too late. Unlike open [parking lot accidents](/parking-lot-pedestrian-accident-lawyer), parking garage incidents occur in confined spaces with poor visibility, tight corners, and vehicles moving in unpredictable patterns. Every year, thousands of pedestrians are struck by vehicles in parking structures across California, suffering injuries ranging from minor bruises to life-threatening trauma. These accidents often involve complex liability questions—was it driver negligence, property owner failure to maintain safe conditions, or a combination of factors? The enclosed nature of parking garages creates a perfect storm of hazards: drivers distracted while searching for spaces, inadequate lighting that obscures pedestrians, blind corners where vehicles and people collide unexpectedly, and narrow lanes that leave little room for error. Whether you're walking to your car after shopping, heading to work, or navigating a hospital parking structure, the risks are real and the consequences can be devastating. If you've been injured as a [pedestrian in a parking garage](/pedestrian-accidents), understanding your legal rights is crucial. California law provides multiple avenues for compensation, but navigating premises liability and [personal injury](/personal-injury) claims requires experienced legal guidance. At Hurt Advice, our dedicated team has helped countless parking garage accident victims secure the compensation they deserve for medical bills, lost wages, pain and suffering, and more.

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Common Causes of Parking Garage Pedestrian Accidents

Parking garage accidents happen for numerous reasons, but certain factors appear repeatedly in these cases. Driver inattention is perhaps the most common cause—motorists searching for parking spaces, checking their phones, or adjusting GPS systems often fail to notice pedestrians walking between vehicles or crossing driving lanes. The confined nature of parking structures means pedestrians and vehicles share the same narrow pathways, creating constant conflict points.

Backing accidents represent another major category of parking garage incidents. Drivers reversing out of parking spaces have extremely limited visibility, especially in structures with large SUVs and trucks. Even with backup cameras, blind spots remain significant. Pedestrians walking behind reversing vehicles are particularly vulnerable, and these accidents frequently result in serious injuries when victims are knocked down and run over.

Speed is also a contributing factor despite the low-speed environment. Even at 10-15 mph, a vehicle can cause devastating injuries to a pedestrian. Some drivers treat parking garages like racetracks, speeding around corners to find spaces or exit quickly. Combined with poor lighting and unexpected pedestrian movements, excessive speed in parking structures creates a recipe for disaster. If you've been injured due to any of these causes, a [personal injury attorney](/personal-injury) can help you pursue compensation.

Unique Hazards in Multi-Level Parking Structures

Multi-level parking garages present hazards that don't exist in surface parking lots. Spiral ramps with blind curves make it nearly impossible for drivers to see pedestrians until they're dangerously close. The circular design means vehicles approach from unexpected angles, and pedestrians often can't hear approaching cars due to echo effects and ambient noise in enclosed concrete structures.

Lighting conditions in parking garages are notoriously poor. Many structures have inadequate illumination, creating dark zones where pedestrians become virtually invisible to drivers. Burned-out lights that aren't promptly replaced, shadowy corners near stairwells and elevators, and areas blocked by structural columns all contribute to visibility problems. These lighting deficiencies may constitute negligence on the part of the property owner.

Elevator and stairwell areas are particularly dangerous zones. Pedestrians exiting elevators or stairwells often step directly into driving lanes without clear sightlines. Drivers navigating these areas may not anticipate pedestrians emerging suddenly from these access points. Additionally, many parking structures lack adequate pedestrian walkways or designated crossing areas, forcing people to walk in vehicle traffic lanes. When these design deficiencies contribute to accidents, [catastrophic injury](/catastrophic-injury) claims may involve premises liability against the property owner.

Premises Liability in Parking Garage Accidents

Premises liability law holds property owners responsible for maintaining reasonably safe conditions for visitors. In California, parking garage owners and operators have a legal duty to address known hazards and conduct regular inspections to identify potential dangers. This includes ensuring adequate lighting, clear signage, proper maintenance of driving surfaces, and reasonable security measures.

When a parking garage owner fails to meet these obligations, they may be held liable for resulting injuries. For example, if a pedestrian is struck in an area with burned-out lights that haven't been replaced for months, the property owner's negligence contributed to the accident. Similarly, if inadequate signage fails to warn drivers about pedestrian crossing areas or blind corners, the owner may share liability for any accidents that occur.

Proving premises liability requires demonstrating that the property owner knew or should have known about the dangerous condition and failed to remedy it or warn visitors. Evidence such as maintenance records, prior incident reports, and inspection logs become crucial in these cases. An experienced [pedestrian accident lawyer](/pedestrian-accidents) can investigate whether property owner negligence contributed to your injuries and pursue compensation from all responsible parties.

Property Owner Responsibilities and Negligence

California law imposes specific responsibilities on parking structure owners and operators. They must conduct regular safety inspections, maintain adequate lighting throughout the facility, ensure clear visibility at intersections and blind corners, provide appropriate signage warning of hazards, and repair dangerous conditions promptly. Failure to meet these obligations can constitute negligence.

Property owners must also consider foreseeable risks when designing and maintaining parking facilities. This includes installing convex mirrors at blind corners, creating designated pedestrian walkways where feasible, ensuring elevator and stairwell exits have clear sightlines, maintaining painted crosswalks and stop signs, and providing adequate security to prevent criminal activity that could endanger pedestrians.

When property owners cut corners on maintenance or ignore known hazards to save money, they put pedestrians at serious risk. If you've suffered [brain injury](/brain-injury) or other severe trauma due to inadequate lighting, poor facility design, or failure to address known dangers, the property owner may be liable for your damages. Documentation of the hazardous condition through photographs, witness statements, and expert testimony becomes essential in proving negligence.

Driver Negligence in Parking Garages

While property owners may share liability, driver negligence remains the primary cause of most parking garage pedestrian accidents. California Vehicle Code requires drivers to exercise reasonable care at all times, including in parking facilities. This means driving at safe speeds, yielding to pedestrians, checking blind spots before backing up, avoiding distractions like cell phones, and remaining alert for pedestrians in all areas.

Common forms of driver negligence in parking garages include failing to yield to pedestrians in crosswalks or walking areas, backing up without checking for pedestrians behind the vehicle, speeding around corners or through driving lanes, texting or using phones while driving through the structure, and failing to stop at stop signs or yield points. These behaviors violate the duty of care drivers owe to pedestrians.

In some cases, [distracted driving](/distracted-driving) plays a major role in parking garage accidents. Drivers focused on finding parking spaces, talking on phones, or dealing with passengers may not notice pedestrians until it's too late. If driver negligence caused your injuries, you can pursue compensation through the driver's auto insurance policy. When both driver and property owner negligence contributed to the accident, you may have claims against multiple parties.

Common Injuries from Parking Garage Accidents

Pedestrians struck by vehicles in parking garages often suffer serious injuries despite the relatively low speeds involved. The human body is no match for even a slow-moving vehicle, and the confined spaces in parking structures can trap victims between cars or against walls and columns. Common injuries include traumatic brain injuries from head impacts with vehicles or pavement, [spinal cord injuries](/spinal-cord-injury) that may result in paralysis, [broken bones and fractures](/broken-bones-fractures) of legs, arms, hips, and ribs, and [back and neck injuries](/back-neck-injuries) including herniated discs.

Internal injuries are also common in parking garage accidents. The force of impact can cause internal bleeding, organ damage, and soft tissue injuries that may not be immediately apparent. Victims may also suffer severe lacerations, road rash, and crush injuries if they're pinned between vehicles or dragged under a car.

The psychological impact of being struck by a vehicle shouldn't be overlooked. Many victims develop post-traumatic stress disorder (PTSD), anxiety about parking garages or being around vehicles, and depression related to their injuries and lifestyle changes. California law allows compensation for both physical and emotional damages resulting from pedestrian accidents. The severity of injuries often determines the value of your claim and the importance of working with experienced legal counsel.

California Laws Governing Parking Structure Safety

California has established various regulations governing parking structure safety, though they're spread across multiple code sections. The California Building Code sets standards for parking garage design, including lighting requirements, ventilation, fire safety, and accessibility. Local jurisdictions may impose additional requirements through municipal codes and ordinances.

The California Vehicle Code applies to drivers operating vehicles in parking structures, requiring them to exercise reasonable care and obey posted signs and speed limits. Pedestrians also have responsibilities under California law, though drivers generally bear greater responsibility due to the dangerous nature of motor vehicles. California follows a comparative negligence system, meaning even if you were partially at fault for the accident, you can still recover damages reduced by your percentage of fault.

Property owners must comply with premises liability standards established through California case law and statutory requirements. This includes the duty to inspect for hazards, warn of known dangers, and maintain the property in a reasonably safe condition. When accidents occur due to code violations or failure to meet established safety standards, this evidence strengthens your claim. An attorney can identify which regulations apply to your case and how violations contributed to your injuries.

Determining Liability in Parking Garage Accidents

Determining who is legally responsible for a parking garage pedestrian accident requires careful investigation of all circumstances. In many cases, multiple parties may share liability. The driver who struck you is typically the primary defendant, but the parking garage owner or operator may also be liable if property conditions contributed to the accident. In some cases, a vehicle manufacturer could be liable if a defect (such as faulty backup cameras or brakes) played a role.

Liability analysis considers factors such as whether the driver was negligent in operating their vehicle, whether the property owner failed to maintain safe conditions or warn of hazards, whether inadequate lighting or poor facility design contributed to the accident, whether the pedestrian was in a designated walking area or crossing zone, and whether any third parties (such as contractors responsible for maintenance) bear responsibility.

California's comparative negligence system means that even if you were partially at fault—perhaps by walking in a driving lane when a sidewalk was available—you can still recover damages. Your compensation will be reduced by your percentage of fault. For example, if you're found 20% at fault and your damages total $100,000, you would recover $80,000. An experienced attorney can build a strong case minimizing any alleged fault on your part while maximizing recovery from all liable parties.

Evidence to Collect After a Parking Garage Accident

The evidence you collect immediately after a parking garage accident can make or break your case. If you're physically able, take photographs of the accident scene from multiple angles, showing the exact location where you were struck, lighting conditions in the area, any obstructions to visibility, the vehicle that struck you (including license plate), your visible injuries, and any relevant signage or lack thereof. Video footage can be even more valuable if available.

Parking garages typically have security cameras that may have captured your accident. It's crucial to identify camera locations and request footage immediately, as many systems overwrite recordings after 30-60 days. Your attorney can send preservation letters to ensure evidence isn't destroyed. Also collect contact information from any witnesses who saw the accident occur, as their testimony can corroborate your version of events.

Medical documentation is essential for proving your injuries and damages. Seek immediate medical attention even if you don't think you're seriously hurt—some injuries don't manifest symptoms right away. Keep all medical records, bills, and documentation of treatment. Also document how your injuries affect your daily life through a journal noting pain levels, activities you can't perform, and emotional impacts. This evidence supports claims for pain and suffering damages. Contact our [experienced lawyers](/lawyers) who can help preserve and present this evidence effectively.

Compensation Available for Parking Garage Injuries

California law allows pedestrian accident victims to recover various types of compensation, also called damages. Economic damages include all financial losses such as past and future medical expenses, lost wages and reduced earning capacity, property damage (such as damaged clothing or personal items), and out-of-pocket expenses related to your injury. These damages are calculated based on actual bills, receipts, and expert testimony about future needs.

Non-economic damages compensate for intangible losses that don't have a specific dollar value. These include pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, disfigurement and scarring, and loss of consortium (for spouses). California doesn't cap non-economic damages in most personal injury cases, meaning severely injured victims can recover substantial compensation for their suffering.

In rare cases involving egregious conduct, punitive damages may be available. These are designed to punish the defendant and deter similar behavior, such as when a driver was extremely reckless or the property owner knowingly ignored serious hazards. The value of your case depends on factors including the severity of your injuries, the clarity of liability, the insurance coverage available, and the skill of your legal representation. Our firm has achieved impressive [results](/results) for parking garage accident victims, and we can evaluate your case during a free consultation.

Steps to Take After Being Hit in a Parking Garage

If you're struck by a vehicle in a parking garage, taking the right steps immediately afterward can protect both your health and your legal rights. First, seek medical attention right away, even if you feel fine. Adrenaline can mask pain and injuries, and some serious conditions like internal bleeding or brain injuries may not cause immediate symptoms. Call 911 to get emergency responders to the scene, which also creates an official accident report.

If possible, gather information at the scene. Get the driver's name, contact information, insurance details, and license plate number. Take photos of the scene, the vehicle, and your injuries. Identify any witnesses and get their contact information. Note the exact location within the parking garage, lighting conditions, and any factors that contributed to the accident. Don't admit fault or apologize, as these statements can be used against you later.

Report the accident to the parking garage management and request copies of any incident reports they create. Also notify your own insurance company about the accident. Then [contact](/contact) an experienced pedestrian accident attorney as soon as possible. Early legal involvement ensures evidence is preserved, witnesses are interviewed while memories are fresh, and you don't make statements to insurance companies that could harm your case. Most personal injury attorneys offer free consultations and work on contingency, meaning you pay nothing unless you win your case.

How a Lawyer Can Help with Your Parking Garage Accident Claim

Parking garage pedestrian accident cases often involve complex liability issues and multiple potential defendants. An experienced attorney can conduct a thorough investigation to identify all liable parties, obtain and preserve critical evidence like security footage, reconstruct the accident to establish how it occurred, identify all applicable insurance policies, and determine the full value of your claim including future damages. These cases require legal expertise that most accident victims don't possess.

Your attorney will handle all communications with insurance companies, protecting you from tactics designed to minimize your compensation. Insurance adjusters often contact victims shortly after accidents, hoping to obtain recorded statements or quick settlements before the full extent of injuries is known. Your lawyer will ensure you don't say anything that could harm your case and will negotiate aggressively for maximum compensation.

If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial. This requires extensive preparation including deposing witnesses, retaining expert witnesses, preparing exhibits and demonstrative evidence, and presenting a compelling case to a jury. Most cases settle before trial, but having an attorney willing and able to litigate gives you leverage in negotiations. At Hurt Advice, we've successfully represented numerous [car accident](/car-accidents) and pedestrian accident victims, and we're ready to fight for the compensation you deserve. Contact us today for a free, no-obligation consultation about your parking garage accident case.

Frequently Asked Questions

Who is liable if I'm hit in a parking garage?

Liability in parking garage pedestrian accidents can fall on multiple parties. The driver who struck you is typically the primary liable party if they were negligent—speeding, distracted, or failing to yield. However, the parking garage owner or operator may also be liable if dangerous conditions contributed to the accident, such as inadequate lighting, poor visibility at blind corners, lack of pedestrian walkways, or failure to maintain safe conditions. In some cases, both the driver and property owner share liability. California's comparative negligence system allows you to recover damages from all responsible parties. An experienced attorney can investigate your accident to identify everyone who should be held accountable.

What should I do immediately after a parking garage accident?

First, seek medical attention immediately, even if you don't think you're seriously injured. Call 911 to get emergency responders to the scene and create an official accident report. If you're able, collect evidence by photographing the scene, the vehicle, your injuries, and lighting conditions. Get the driver's contact and insurance information, and identify any witnesses. Report the accident to parking garage management and request incident reports. Don't admit fault or apologize. Notify your insurance company about the accident. Then contact an experienced pedestrian accident attorney as soon as possible to protect your legal rights. Early legal involvement ensures critical evidence like security camera footage is preserved before it's overwritten or destroyed.

Can I sue the parking garage owner for my injuries?

Yes, you can sue the parking garage owner if their negligence contributed to your accident. Property owners have a legal duty under California premises liability law to maintain reasonably safe conditions and warn of known hazards. If inadequate lighting, poor facility design, lack of signage, failure to repair dangerous conditions, or other property deficiencies played a role in your accident, the owner may be liable. You'll need to prove the owner knew or should have known about the dangerous condition and failed to address it. Evidence such as maintenance records, prior incident reports, and expert testimony about industry standards can support your claim. You may have claims against both the driver and the property owner, allowing you to pursue compensation from multiple sources.

How long do I have to file a claim in California?

In California, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. This means you must file a lawsuit within two years or you'll lose your right to pursue compensation. However, there are exceptions that can shorten or extend this deadline. If a government entity owns the parking garage, you may need to file an administrative claim within six months. If you don't discover your injuries immediately, the clock may start when you discover or should have discovered the injury. Because these deadlines are strict and exceptions are complex, it's crucial to consult with an attorney as soon as possible after your accident to ensure your rights are protected.

What compensation can I recover?

California law allows parking garage pedestrian accident victims to recover various types of compensation. Economic damages include all medical expenses (past and future), lost wages and reduced earning capacity, and out-of-pocket costs related to your injury. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. California doesn't cap non-economic damages in most personal injury cases, so severely injured victims can recover substantial compensation. In rare cases involving extremely reckless conduct, punitive damages may also be available. The value of your case depends on the severity of your injuries, clarity of liability, available insurance coverage, and quality of your legal representation. A free consultation with our firm can help you understand what your case may be worth.

Do I need a lawyer for a parking garage pedestrian accident?

While you're not legally required to hire a lawyer, having experienced legal representation significantly increases your chances of recovering fair compensation. Parking garage accidents often involve complex liability issues with multiple potential defendants (driver and property owner), premises liability claims requiring specialized knowledge, insurance companies using tactics to minimize payouts, and medical evidence that must be properly documented and presented. An attorney can investigate your accident thoroughly, identify all liable parties and insurance policies, handle all communications with insurers, accurately calculate the full value of your claim including future damages, and negotiate aggressively or litigate if necessary. Most personal injury attorneys work on contingency, meaning you pay nothing unless you win, making legal representation accessible to everyone.

What if the driver says I wasn't paying attention?

Even if the driver claims you were distracted or not paying attention, you may still recover compensation under California's comparative negligence system. This system allows you to recover damages even if you were partially at fault, though your compensation will be reduced by your percentage of fault. For example, if you're found 30% at fault and your damages total $100,000, you'd recover $70,000. The driver's insurance company will likely try to shift blame to you to reduce their payout, but an experienced attorney can counter these arguments by gathering evidence showing the driver's negligence, demonstrating that property conditions contributed to the accident, and minimizing any alleged fault on your part. Don't let the driver's claims discourage you from pursuing your legal rights—contact an attorney to evaluate your case.

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