On someone else's property
Dallas parking lot accident lawyer.
Parking lot injuries fall between the rules for crashes and the rules for property, and that is where claims get lost. Police often write only a short report on private property, so the store's camera footage and the names of witnesses may be the only record of what happened. Depending on the facts, the driver, the driver's insurance, your own auto policy and the property owner can each be responsible. We sort out who pays and get the video requested before it is erased.
Right now
If it just happened.
- 01
Call the police and get medical care
Ask the officer for a report or incident number even if they say it is private property. Get checked by a doctor the same day.
- 02
Get the driver's information
Name, phone, license plate, insurance card and the vehicle. If it was a delivery van, work truck or company car, write down the company name on the side.
- 03
Look for cameras and ask the store
Note every camera on poles and buildings that could see the spot. Tell the store manager you were hurt and ask that the video be kept.
- 04
Photograph the lot
Potholes, broken curbs and wheel stops, faded crosswalks, missing stop signs, blind corners, dark lights, and where the cars ended up.
- 05
Call us before you talk to any insurer
The driver's insurer may say the lot owner is at fault, and the lot owner's insurer may say the driver is. We deal with both. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- 2 years from the injurySource: Tex. Civ. Prac. & Rem. Code 16.003
- Police report on private property
- Often shorter than a road crash report, sometimes none at all
- Your own auto policy
- PIP (at least $2,500) and uninsured motorist coverage, unless you rejected them in writingSource: Tex. Ins. Code 1952
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
- Lot owned by a city, county or school
- Written notice within 6 months, sometimes soonerSource: Tex. Civ. Prac. & Rem. Code 101.101
Texas law
Who is responsible in a parking lot.
Drivers in a parking lot still have to keep a lookout, yield and drive at a safe speed. Property owners still have to keep the lot reasonably safe. Most cases involve one or both.
| Who | Typical situations |
|---|---|
| The driver | Backing out without looking, cutting across rows, speeding through the lot, distracted driving |
| The driver's employer | A delivery driver, work truck or company car on the job |
| The property owner or manager | Potholes, broken curbs, missing signs or crosswalks, poor lighting, a dangerous layout |
| Contractors | A maintenance or striping crew, a valet service or a security company |
| Your own insurance | PIP for medical bills, and uninsured motorist coverage for a hit-and-run or an uninsured driver |
Hit by a car as a pedestrian
The driver's liability insurance is usually the main source. Your own PIP and uninsured motorist coverage can also apply if you have a Texas auto policy, even though you were on foot.
Source: Tex. Ins. Code 1952Falls in the lot are premises claims
For a trip over a pothole or broken curb, you must show the owner knew or should have known of the danger and did not fix it or warn. Prior complaints and repair records matter.
Attacks in a dark lot
If you were robbed or assaulted, the owner may be responsible when earlier crimes made it foreseeable and lighting, cameras or patrols were ignored. See our negligent security page.
Fault gets split
A jury can divide fault among the driver, the owner and you. As long as you are 50% or less at fault, you can recover, reduced by your share.
Source: Tex. Civ. Prac. & Rem. Code 33.012How we work
How we build a parking lot case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Request the video from every camera
Letters go to the store, the shopping center owner, neighboring businesses and any security company, because the angle that caught it may belong to someone else.
02
Identify the driver and every policy
The driver's insurance, an employer's commercial policy if the driver was working, and your PIP and uninsured motorist coverage.
03
Find out who controls the lot
Shopping center lots are often owned by one company, managed by another and maintained by a third. Leases and maintenance contracts show who was responsible for the spot.
04
Document the injuries
We help you get treatment and keep your records and bills in order. For serious injuries we work with medical experts, life care planners and economists.
05
Negotiate, and file suit if needed
We present one clear claim backed by evidence to each responsible party. If the offers are not fair, we file and prepare the case for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Our experience with this law firm was simply everything we could've asked for. They answered all of our questions in a timely manner, followed up with us. As for pricing, it was very reasonable and honestly less than we anticipated. Last, but not least, thank you Liz and Vianey for being so helpful throughout this process.”Questions people ask us about money and paperwork.
- The driver drove off. What now?
- Report it to police right away. Your own uninsured motorist coverage can pay when a hit-and-run driver is never found, and store video may still identify the car.
- What about damage to my car?
- The property damage claim usually moves faster than the injury claim. We can help with the estimate and a rental.
- Do I need papers or a license to make a claim?
- If someone else caused your injury, you can make a claim. Talk to us privately about your situation. What you tell us stays between you and the firm.
Dallas and Odessa
Parking lots we see in Dallas and Odessa.
From our Oak Cliff office on Jefferson Boulevard we handle injuries in grocery and big box store lots, strip center lots, apartment lots and gas stations across Oak Cliff and southern Dallas. Lots owned by the City of Dallas, DART or a school district need written notice fast. Our Odessa office handles the same claims in Ector and Midland counties, where heavy pickups and work trucks share lots with families.
FAQ
Questions people ask.
Who is at fault in a parking lot accident in Texas?
It depends on what each driver or person did. Drivers backing out or moving through rows must yield and watch for people on foot. The property owner can share fault if the lot was dangerous.
The police would not write a report because it was private property. Can I still make a claim?
Yes. A police report helps but is not required. Video, photos, witnesses and medical records can prove the claim.
I tripped in a pothole in a store parking lot. Is the store responsible?
The store, the landlord or a property manager may be, depending on who controls the lot. You must show they knew or should have known about the pothole and did not fix it or warn people.
How long do I have to file?
Generally two years from the injury. If the lot belongs to a city, county or school district, written notice may be due within six months or less. Store video is usually gone much sooner.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Pedestrian and bicycle accidents
- Premises liability
- Slip and fall
- Negligent security
- Hit and run and uninsured drivers
- Car accidents
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.