This accident occurred in a restaurant parking lot. The other driver failed to stop at a T-intersection within the parking lot. The cop wouldn't issue a ticket since he said it is their policy only to issue tickets for violations occurring on roadways, not private parking lots. The other driver's insurance company is eager to get my friend to settle. The other driver failed to yield the right of way even though my car was stopped. She plowed into my car and totalled it. I suffered a serious injury which is still being diagnosed by my doctor. One lawyer I contacted said he wasn't interested since the accident occurred on private property. My question is "Is their a law that requires drivers to obey state traffic laws while driving within parking lots in the state of Texas? Particulary right of way traffic laws"
2007-12-11 06:02:56 · 14 answers · asked by Superstar 5 in Politics & Government ➔ Law & Ethics
I dont know but concider that no matter where the accident occured that harm was done and every state allows you to sue for losses caused by another, he might have insurance that is to pay in liew of a lawsuit but he is ultimately at fault and a judge is to be convinced that he is at fault, and may well give you a lein on him personally, there is an attorney in every town that will take this case for you. Harm done by the person lays on the one that caused it. and you are to be made whole again by the responcible party by the law of the land.
2007-12-11 06:17:42 · answer #1 · answered by Oh Great Swammi 3 · 0⤊ 0⤋
actually -- no. It is up to the specific rules and guidelines of the private property. It is the same way here in GA. I was in an accident in a parking lot also, which the cop refused to issue any ticket and claimed that if anyone had any problems we had to contact their own insurrance and couldnt file against the other's insurance company because of the private property clause. I think you can still sue them for injury, seperate from hte accident itself, but I'm not 100% certain on that -- if a lawyer said he wasnt interest because it was private property, then obviously it's a tought situation.
My best advice I can saw is just keep in touch with your insurance and the other drivers insurance and keep calling around to various different law firms for help.
2007-12-11 06:08:57 · answer #2 · answered by Mordi 3 · 0⤊ 0⤋
Parking lots are often considered "private property " and cops do not issue tickets in the same manner. There will still be an accident report which you can pick up at the police station and deliver to the insurance agent. They will tell you how to proceed. It will most likely be a civil court case where you sue the guy who hit you.
2007-12-11 06:08:15 · answer #3 · answered by Anonymous · 2⤊ 0⤋
You did get his license plate number, didn't you? If not then how in heck do you expect this person to pay for your damages if this person is at fault which I am guessing happened? You can call the police and report this accident, but it appears if no license plate and no personal info such as a drivers license and insurance info, what can you report. I was hit by a yellow car at such and such place by a lady who I do not know the name, address etc. Now if you indeed did get the license plate, file a police report so that the police can track down this person/owner of the car who hit you. I don't know about Toronto, but in the US when you register your car you must also list the auto insurance company and policy number. If so, then you could file a claim on that persons policy for damages. But if no license plate info, you will be SOL. good luck
2016-05-23 02:06:16 · answer #4 · answered by migdalia 3 · 0⤊ 0⤋
In the state of TN- the right of way is not guaranteed by law to anyone and parking lots are immune to traffic regulations enforced by police .
ADD: How serious can your injury be- if your Dr. is having such a hard time diagnosing it?
2007-12-11 06:11:50 · answer #5 · answered by tnfarmgirl 6 · 0⤊ 0⤋
No, they only apply on the open road. However, it is a breach of the expected standard of care for a driver to fail to stop at a marked place in a parking lot (i.e., stop means stop, even if it's a private sign).
2007-12-11 06:07:08 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Traffic laws don't govern private property. However you may be able to sue the restaurants insurance company because you had a reasonable assurance of being safe in their parking lot.
2007-12-11 06:06:51 · answer #7 · answered by vinster82 5 · 0⤊ 2⤋
Talk to the restaurant owner and see what they suggest. Ask what their policy is for their parking lot. I live in Ohio and some places actually have signs saying park at your own risk, and they will not pay for the damages.
2007-12-11 06:08:15 · answer #8 · answered by crazy_cat_lady 4 · 0⤊ 1⤋
Your remedy is civil.
Contact your insurance company; they will handle it.
Whether the state prosecutes this driver or not will not help you in any way, so it is irrelevant to your objective of recovering your damages.
2007-12-11 06:11:08 · answer #9 · answered by LuckyLavs 4 · 0⤊ 0⤋
in parking lots, it's usually just settled, no one really takes all the blame, unless of course you have video footage or something that can prove the other was wrong. It happened to my bro too, i live in tx also.
2007-12-11 06:06:48 · answer #10 · answered by greg 6 · 0⤊ 0⤋