Convenience Store Crashes: Do You Have A Claim?
Kevin Biniazan—February 21, 2023
In the United States, there are more than 150,000 convenience stores that account for over $700 billion in annual sales (National Association of Convenience Stores). In 2018, there were over 5,000 reported crashes at convenience stores, resulting in over 8,000 injuries and more than 200 fatalities. (National Highway Traffic Safety Administration).
Have you been involved in or affected by a crash at a convenience store or any privately owned building? The physical and emotional toll of such an incident can be overwhelming, to say the least. It may turn out that the store itself was responsible for causing/avoiding the crash, and you may be entitled to financial compensation for your losses based on a premises liability claim.
In this blog post, we’ll explain what kind of claims could potentially arise from crashes at convenience stores as well as how best to go about making them. We are proud professional personal injury attorneys with vast experience in legal proceedings who understand the necessary steps one needs to take in order to receive fair compensation after such incidents occur, so read on if you would like more information!
What Is A Premises Liability Claim?
A premises liability claim is a type of legal action that occurs when someone is injured or suffers harm due to the negligent acts or omissions of a property owner. This type of case covers any injury caused by an unsafe condition on commercial, residential, or public property. Depending on the extent of the incident, a premises liability claim can result in significant compensation for medical bills, lost wages, and pain and suffering.
It is important to note that these claims must be filed within a certain timeframe to ensure the success of any legal action taken against the responsible parties. Knowing your rights as a victim can go a long way towards reclaiming what was taken from you due to someone else’s negligence. If you think that you may have a case due to a property owner’s negligence, contact our premises liability lawyers for specialized advice and expertise.
Examples Of Building Crashes Where Premises Liability Was Established
Depending on the state, convenience store owners may also be held liable for damages if they failed to maintain their property in a safe condition. If a convenience store owner is found to be liable for a crash, they may be required to pay for property damage, medical expenses, and other damages.
7-Eleven To Pay $91 Million To A Suburban Man Who Lost Both Legs In A Storefront Crash
A 57-year-old suburban man received a $91 million payout from the convenience store chain after a car pinned his legs against the front of a Bensenville 7-Eleven.
According to James Power, one of the attorneys representing the plaintiff, who asked to be identified only as “Carl” to avoid drawing attention to his windfall, the 2017 crash was one of the thousands of similar incidents identified in discovery for the case, collisions that frequently resulted in crippling injuries.
The crashes could have been prevented if 7-Elevens had installed bollards — thick posts anchored in the ground — between storefronts and parking spaces, Power said. (Chicago Sun Times, 2023).
Apple Store Crash Massachusetts
Two victims injured when a car crashed into an Apple store filed lawsuits, alleging that various development companies failed to protect people by failing to install barriers near the store.
According to the Plymouth County District Attorney’s Office, one person died and at least 19 others were injured when an SUV drove through an Apple store in Hingham, Massachusetts, on November 21.
“For a few dollars, a couple of barriers could’ve easily prevented this entire tragedy,” Doug Sheff, a lawyer for the two victims, said at a press conference. (CNN Business, 22).
Car Crashes In Seattle Are Getting Worse
Vehicles colliding with buildings accounted for roughly one-third of all building crashes in Seattle last year. A car was T-boned on Eastlake Avenue in March, lost control, and plowed through the entrance to Lo-Fi Seattle, a popular venue for dancing to soul and ’90s music. The front section of the club was temporarily closed due to the destruction.
During business hours in May, a car drove through the windows of Coastal Kitchen, a decades-old Capitol Hill restaurant, while customers were seated. Although no one was injured, the car totaled the façade and collided with a support pillar, necessitating repairs to ensure the building’s structural integrity. The restaurant was closed for six months while it was rebuilt and rebranded (The Seattle Times, 2023).
The above scenarios highlight why barriers and bollards are detrimental; in these cases, businesses were lucky enough to avoid premises liability claims due to nobody getting hurt; however, the damage caused could have been avoided.
What Are The Legal Implications Of A Convenience Store Crash?
Should the unexpected occur and a convenience store crash takes place, there are serious legal implications that should be taken into account. Suffice it to say that this type of crash requires preparation as well as an understanding of the applicable laws and regulations.
Those who own and operate convenience stores must ensure they understand everything from public safety statutes to environmental regulations and be confident in their ability to anticipate and handle any potential legal consequences resulting from an incident. As store owners can attest, taking pride in one’s facility means expecting the best while preparing for the worst.
What Are The Steps For Filing A Claim For A Convenience Store Crash
If you’ve been involved in a crash involving a convenience store, filing a claim can seem daunting. However, it is essential to remember that you have rights and should be compensated for any injuries or loss of property due to another’s negligence. The first step to pursuing this claim is to evaluate the facts surrounding the incident, taking note of all relevant information such as the date and time of the accident, with whom and where the collision occurred, any applicable insurance policies, and whether any images or videos were taken.
Afterwards, you’ll want to speak with both your insurance carrier and an experienced litigator. Your lawyer will help determine who is responsible for your damages, advise you on your legal options going forward, and assist in filing any necessary paperwork with the court or other organizations. Together, through tenacious advocacy and careful documentation of evidence, you can take control of this process and make sure your voice is heard.
If you think you may be eligible for being awarded damages due to premises liability, contact our premises liability attorneys at Breit Biniazan, today.
What Are The Statutes Of Limitations For Filing A Claim For A Convenience Store Crash?
If you or someone you love has been injured in a convenience store crash, it is important to know precisely when the deadline is to file a claim. Depending on where the crash occurred and the type of injury sustained, the timeframe to file can vary significantly. In most cases, victims have up to two years from the date of the crash to begin legal proceedings against an at-fault party — but this is not always the case.
It is crucial that you understand your local statutes of limitations for filing a claim so as to not miss out on vital financial compensation and justice. Take pride in protecting yourself by obtaining clear answers and guidance regarding these seemingly complex legal matters; contact a premises liability lawyer for expertise and information.
What Are The Damages Recoverable In A Convenience Store Crash Claim?
In a convenience store crash claim, those who have been injured may be eligible to receive damages for all related expenses that have occurred as a result of the incident. These damages typically include compensation for lost wages and medical bills, as well as any other costs associated with the injury or accident, such as property damage or pain and suffering.
Those who are responsible or have been negligent in causing a convenience store crash can also be held liable and responsible for punitive damages, depending on their actions and the laws within your jurisdiction. All of these potential forms of compensation can make filing a claim incredibly worthwhile and empowering for the injured party when pursuing justice.
Kevin is a trial attorney who passionately represents individuals injured or harmed by the carelessness of others. Between jury trials and settlements, Kevin has secured more than $100 million for his clients in his first five years of practice.