I got hurt at RaceTrac. What now?

When you imagine accidents at gas stations, explosions, fires, falling signage, or people driving off with the hose still stuck in their tank is what would naturally come to mind. Wrong! The most common accident at a gas station is slip/trip and fall.

RaceTrac gas stations, more often than not, are fraught with risks. Uneven paving, spilled fluids, snow and ice in northern climates, everything adds to the chance of slipping or tripping. When you’re getting out of your car at the pump, your body is momentarily completely out of balance. Any slippery surface is going to topple you.

Add a RaceTrac convenience store into the mix and the risk multiplies exponentially. Convenience store floors are usually tiled or covered in linoleum. They’re therefore a lot smoother than the forecourt surface.  A spilled liquid on the shop floor; that’s an ice rink right there! And convenience stores can be very busy. Usually with people on the move and in a hurry.

The RaceTrac franchise has almost 550 locations spread over 6 southeastern states. As such, it has its fair share of the one million-odd emergency room visits that result from slip and fall accidents every year.

Whilst slip and fall accidents rarely result in much more than abrasions or minor lacerations, they do occasionally cause fractures or more serious personal injury. In a few cases, much more serious and lasting injuries may occur.  

If you’ve been one of the statistics and had a slip and fall accident, here’s what you can do.

Firstly, you need to accept that the accident may have been due to your own negligence or clumsiness. You need to assess whether there is enough evidence that the property owner was at fault. The property owner would typically be considered liable if:

• They were aware that a hazard existed,
• Did nothing to neutralize the hazard, or
• Did not place warning signs to notify members of the public of the hazard.

Secondly, if you feel certain that the property owner is liable for the accident, either deliberately or through negligence. You may be entitled to claim compensation. Compensation may include any or all of the following components:

• Medical expenses related to treatment of the injuries and subsequent therapy or home care,
• Loss of income due to absence from work
• Cost of hiring help due to temporary incapacity
• Costs to repair damaged possessions or effects
• Punitive damages for pain and suffering
• Loss of future earnings due to a reduced occupational capacity.

Understand that, despite being confident of the property owner’s culpability, you may have a tough time succeeding with any of these types of compensation claims. Furthermore, claims for punitive damages and loss of future earnings are very seldom granted.

 

 

Punitive damages are intended as a punishment to the property owner for allowing a hazard to exist and cause an accident. It will only be granted by the court in cases where the property owner can be shown to have been particularly negligent. You would be well advised to consult a personal injury lawyer to assist with any claim.  

Don’t attempt to file a claim and fight a case on your own. RaceTrac is a multi-billion dollar company. They are sure to have a team of highly qualified, experienced lawyers that will fight such claims. And win the majority of them. Slip and fall accidents are very common so these legal teams have developed strategies to defend themselves against every possible allegation or circumstance that may arise in a case.

For a claim to succeed, you would have to prove that:

• The property owner breached his duty to ensure your safety.
• The court must be convinced that the breach of duty justifies holding the property owner liable for your injuries and resultant costs.
• That you did, in fact, incur a financial loss as a direct consequence of the accident.

In order to prove these three things, there are several steps you need to take.

• Contact a reputable personal injury lawyer immediately or as soon as you are able to. They will be able to assess the incident and advise you whether you have a reasonable case. They will also guide you through the case and make sure that you correctly do all the other things you need to do to build your case.
• File the claim as soon as you can. All claims are subject to a statute of limitations. These could sometimes be only a few months.
• Record as much evidence as you can immediately after the accident. This evidence should include as many as possible of the following:

• Photographs of the scene. Pay attention to the area around the accident site. Make sure that the pictures clearly highlight the absence of warning signs or barriers.
• Get details of any witnesses. Take statements from them if possible and ask them to agree to testify in court if necessary.
• Proof of all expenses being claimed.
• Any physical evidence such as torn clothing or damaged personal effects. It would be advisable to take pictures at the time of the accident. Nowadays, all digital pictures are time-stamped.
• Check with the security staff on duty that CCTV footage is available covering the area where the fall occurred. By law, this footage would have to be surrendered as evidence.
• If applicable, your employer’s confirmation of your absence due to injury and a statement of any deductions from your earnings as a result thereof. If you’re planning to claim for loss of future earnings, your employer should also confirm that your salary has been reduced due to your compromised work capacity.

You will also need medical evidence of your impairment. This may require extensive tests and a significant financial outlay. You would need to consider such claims very carefully because they may be unsuccessful and lead to unrecoverable losses.

• A police report. You should report the incident to the police within 24 hours. If you are unable to do so, ask someone to file the report on your behalf. The police report records all the details relating to the accident and is your official declaration of events.    

So, if you have a slip and fall accident in a RaceTrac gas station or a RaceTrac convenience store, you should now be well set to file your claim and get all the compensation you’re entitled to: 954-951-0000