Accidents can occur anywhere, even in seemingly safe environments like the parking lot of your local Wawa. If you have been injured in a Wawa parking lot, you might be wondering if you can sue for damages.
To successfully sue for an accident in a Wawa parking lot, one must first understand the concept of negligence. If negligence by Wawa or another party led to your accident, you might have grounds for a lawsuit. Parking lot accidents can occur in several ways. For instance, Wawa could be considered negligent if they failed to maintain safe conditions in the parking lot, or another driver could be held liable if they were speeding, distracted, or otherwise driving recklessly in the lot. Determining who to sue is often the most challenging aspect of these cases. Fortunately, our team is here to help you get justice for your injuries.
Contact The Reiff Law Firm at (215) 709-6940 for a free case review with our Philadelphia car accident attorneys.
Who You Can Sue for an Accident in a Wawa Parking Lot
Parking lot accidents, including those that occur in places like a Wawa lot, can be much more complex than a typical car accident case. Determining liability in a parking lot accident depends on many factors not considered in other cases. Our Philadelphia personal injury attorneys know what to look for in these cases and can put that knowledge to use in your efforts to be compensated. Fortunately, multiple parties could potentially bear some level of responsibility in a Wawa parking lot accident.
Suing the At-Fault Driver
All drivers must exercise a duty of care to ensure that they operate their vehicles safely, even while driving in private Wawa parking lots. When a driver violates their duty of care by acting negligently, such as driving while distracted, speeding into the lot, or failing to yield, they can be held liable for any damages that result from their actions. This can include a range of damages, such as medical expenses, property damage, lost wages, and pain and suffering.
Suing Wawa as the Property Owner
In many parking lot cases, property owners can be held accountable under premises liability laws. As the owner of the property, Wawa is responsible for maintaining safe conditions on their premises. If they fail to do so, and this directly contributes to an accident, they could be held liable.
Examples of failure to maintain safe conditions in the parking lot can include not repairing potholes, not providing adequate lighting, or not removing ice or snow. If any of these factors contributed to your accident, you might have grounds to sue Wawa.
Further, Wawa employees working in the parking area might also be held responsible for accidents. For instance, if an employee is tasked with removing trash and negligently leaves someone in a driving lane, leading to a collision, they could potentially be held liable.
In these situations, Wawa could also be held liable for their negligent employee’s actions under the legal principle of “vicarious liability.” This principle holds employers accountable for the actions of their employees while on duty, even if the employer was not directly involved with the negligence that caused your accident.
Suing Other Parties
Of course, it is not always a driver who is solely responsible for a Wawa parking lot accident. There are instances where other parties could potentially hold some responsibility for the accident. For instance, if an independent contractor is responsible for maintaining the parking lot and fails to do so and someone is injured, the contractor might be held liable for any damages sustained.
If it is determined that the cause of the accident was a defect in the vehicle, there might be grounds for a product liability claim against the vehicle manufacturer. This means that if there was a flaw in the design, manufacturing, or marketing of the vehicle that contributed to the accident, the manufacturer, designer, or dealer could be held responsible for any resulting damages.
What Evidence is Used in a Lawsuit for a Wawa Parking Lot Accident?
Proving a Wawa parking lot accident lawsuit requires evidence to establish the facts of the case and demonstrate the other party’s negligence. This evidence is often in the hands of multiple people, making it challenging to obtain on your own. However, with the accident occurring in a Wawa parking lot, forms of evidence might be available that are not present in typical car accident cases.
Photographic and Video Evidence
Photographs and videos can provide powerful visual evidence of the conditions that contributed to your accident. This can include pictures of the accident scene showing hazards like potholes, poor lighting, or inadequate signage. Photos of your injuries and property damage can also be useful.
Surveillance Footage
Many Wawa locations have surveillance cameras installed for security purposes. These cameras often cover the parking lot area and can provide valuable video evidence of your accident. Surveillance footage can offer an unbiased account of the incident, showing exactly how events unfolded and who was involved.
Obtaining this footage can be challenging, as companies are often reluctant to release surveillance videos. Thus, you might need our help to request this footage formally. Be aware that surveillance footage is often overwritten after a certain period, so you will want to act quickly to secure it.
Your Testimony
Your recollection of events can serve as a pivotal piece of evidence in your lawsuit. As the injured party, your firsthand account of the accident can provide crucial details about what happened, the conditions of the parking lot, and the actions of any other involved parties.
When sharing your testimony, it is important to be as detailed and accurate as possible. Discuss the weather conditions, the time of day, the behavior of other drivers, and any hazards or obstructions in the parking lot. Also, describe the immediate aftermath of the accident, including your injuries and any interaction with Wawa staff or other individuals.
Remember, while your testimony holds significant weight, it is still subjective and can be challenged. Therefore, it’s crucial to complement your account with other forms of evidence.
Witness Statements
Witnesses who saw the accident can provide crucial third-party perspectives. Their statements can corroborate your account of the incident and provide additional details that you might have missed. It’s important to gather contact information from any witnesses at the scene so that you or your attorney can reach out to them later.
Medical Records
Medical records are essential for proving the extent and nature of your injuries. These records can include emergency room reports, doctor’s notes, medical bills, and any other documentation related to your treatment. They can help establish a link between the accident and your injuries and demonstrate the financial impact of your injuries.
Accident Reports
If you reported the accident to Wawa staff, they might have created an incident report. This report can provide valuable details about the accident and show that Wawa was aware of the incident.
Our Car Accident Attorneys Can Help You Sue the Party Responsible for Your Losses
For a free case assessment, contact our Chester, PA car accident lawyers at The Reiff Law Firm by calling (215) 709-6940.
