Parking lots and parking structures need to have some sort of method to prevent people from using the lot, especially if it a for-profit lot and is rented out to customers to par there. Those who are near defective control arms may be liable get hurt because of the defects. Fortunately, there are ample things you can do to protect yourself. Chief among them is calling our firm, Normandie Law Firm, for help suing the right party for injuries sustained in a control arm accident.
What are some causes of parking lot control arm accidents and injuries?
Parking lot control arms have various designs. Some are controlled manually, while others are built so that they are raised when a vehicle of a certain weight passes, and will lower once the area is clear. However, too many control arms are defective in some way or lead to accidents. You can hold the property owner liable in the event of an accident with a control arm, and we can help you sue for your rightful compensation
A few causes of control arm accidents include:
- Defective control arm: It is possible for the control arm to suddenly detach from the base or for it to separate or break. Other control arms may have been improperly installed or designed, leading to accidents with larger vehicles.
- Normal wear and tear from excessive usage: In popular areas, the control arm may rise and fall hundreds of times per day. The materials can wear away, springs can become less coiled and taut, electronics may short out, and more. The more used up a gate becomes, the more likely it is to detach or cause an accident of some kind.
- Negligence from workers or attendants: With control arms that are not automated, workers must manually operate the levers. If these workers are tired, negligent, or not properly trained, they can mistakenly drop the lever before the area is clear.
- Vehicles passing through the gate: Control arms and barriers must not come down on vehicles or pedestrians while they are underneath it. However, some of the systems of these control arms allow them to come down prematurely. This is true in systems that operate on timed intervals instead of motion and weight sensors. It is extremely dangerous for parking lot arms to operate on time, purely because of traffic reasons, stopped vehicles, vehicle length, and more.
- Walking beneath an open control arm: Pedestrians should go around the control arms when possible and should not walk underneath them, as they may trigger the response for the gate to suddenly come down. They also have a lot of force at times and can severely injure you, and being injured at a parking lot arm can result in being struck by a vehicle shortly after.
- Broken automation: The control arms may be automatic and not controlled by a ticketer. If they are automatic, they run the risk of shorting out or not recognizing things in their sensors. Defective automation and poor programming leads to accidents.
It is important that you identify the cause of the parking lot control arm accident. You could suffer various injuries and pursue ample compensation for them. It is possible that you could suffer a concussion, closed head injuries, brain damage and traumatic brain injuries, broken bones in your clavicle and neck, spinal cord damage, dislocations, crushing and puncture injuries, and much more.
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How can I sue for premises liability?
To sue a property owner for injuries suffered on their property due to a faulty control arm, you must prove at least one of the requirements for a premises liability lawsuit. These three situations are:
- The property owner caused the hazard or defect
- The property owner was aware of the defect or issue and did nothing to fix it or warn anyone about it
- The property owner was unaware of the hazard but reasonably should have known about it
Premises liability cases can be filed by nearly anyone who sets foot on the property and is injured. You fit a certain classification when you are on property. Invitees are individuals present there for a mutual benefit, such as customers, and licensees or those on the property for social reasons. Trespassers do not have any legal right to be on the property, but they are still protected from traps and such, especially if they are not seriously trespassing (such as by taking a common shortcut).
You should follow these steps to ensure that you will have ample evidence for your premises liability lawsuit:
Go to the doctor immediately after the injury so you can be treated. You should not risk potentially worsening your health. The insurance agent may also deny your claim if you wait too long to go to the doctor because of the gap in time. While at the doctor, you should hold on to all medical receipts and doctor’s notes.
Take photographs of your injuries, the damage to your vehicle if you were in a car, the defective parking lot control arm or the hazard, the premises itself, and more. You can also ask the property owner for surveillance footage, if available.
Ask any nearby eyewitnesses for their testimonies and statements over the accident. They can provide additional support and perspectives for your case.
Collect relevant contact information and insurance details from the property owner.
Hire an expert lawyer who can fully litigate your control arm injury lawsuit. If you try to go forward without an attorney on your side, you run the risk of losing your lawsuit. You should focus on recovering from your injuries while the attorney works to win your case for you.
What can I win in a parking lot control arm injury lawsuit?
As a victim of an accident with a parking lot control arm, you can receive compensation for various losses and damages. You may be hurt and your property may be damaged, and the responsible party should pay for the expenses. It is only fair, especially if you were not negligent in the slightest. We will work to win you the following:
- Medical bills (medication, physical therapy, ambulatory transportation, hospital stay, surgery, future treatments, and more)
- Property damage (lost items, damage to your vehicle, repair of electronics, replacement of lost belongings)
- Lost income (benefits, salary, payments, and future income due to absent time because of recovery or medical treatments)
- Pain and suffering (PTSD, anxiety, fear, trauma, emotional anguish, psychological suffering)
The primary goal is to ensure that you do not have to pay a dime to any party for the accident. The value of your case will be determined by the insurance agent reviewing it. He will look at how impactful the injuries were and the toll they took on your life and career, as well as your age, job type, and level of responsibility in the incident. He will then make an offer, and our attorneys will counter and negotiate a better deal.
It is a common tactic for insurance agents to not make an offer right away. They will stall and delay so that you will be anxious and more likely to accept something small. They will also outright reject your claim or state that you were not as seriously injured as you purported. With an attorney on your side, you will be more likely to have success.
What is the statute of limitations for parking lot barrier arm injury lawsuits?
The statute of limitations for premises liability or personal injury lawsuits in the State of California is 2 years from the date of the injury. If you do not take any legal action within this time frame, you won’t be able to receive any compensation in the future. The statute of limitations allows both parties ample time to gather sufficient evidence and defend their positions. It would be unfair if the plaintiff could sue years after the fact when evidence is lost or when there is no longer an adequate means for compensation to be paid out.
There are some scenarios in which the statute of limitations can be extended beyond the 2 year limit. For example, if you were underage at the time of the incident, the statute of limitations would not go into effect until you turn 18 years old. You may also have been left physically incapacitated or mentally unfit to sue; once you return to a functioning state, you can adhere to the statute of limitations. Moreover, the defendant must be present if you plan to sue him for damages, and some defendants flee the state to avoid a lawsuit. The statute would be suspended during his exodus, though, and would resume when he returns.
All too often, individuals who were injured do not file their claims on time. They may not know that there is a statute of limitations or that there is a time limit. They often file too late and their claims are rejected. If you talk with our attorneys and hire us, we will ensure that your claim is filed on deadline and that you miss no important dates with your case.
Choosing Us
Normandie Law Firm is the best choice for anyone who has been hurt in a parking lot control arm accident/ we can ensure that you are fairly compensated and that you receive the settlement you need. If numerous people have been hurt because of the control arm, we may be able start a class action lawsuit against the company. Our aggressive lawyers will pursue your compensation and will not stop until we are satisfied with the result.
Call today for a free legal consultation t discus your case. We will also give you our zero fee guarantee if you hire us. We will not get paid until and unless we win, and if we lose, we don’t get paid at all.
Don’t wait to reach out to our firm. Let the Downtown LA Law Group help you if you were hurt in a parking lot control arm accident.
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