Legal Liability for a Car Accident on Private Property
If you are involved in a car accident on private property as opposed to a public road where most accidents occur, you are likely wondering about legal liability. Calculating the extent of legal liability for an auto accident that occurs on private property is a bit more challenging than determining liability for an accident that occurs on a public road.
There are unique regulations and rules pertaining to private roads that differ from those for public roads. However, these nuanced rules should not stand in the way of ensuring justice is served. An attorney will help you file a claim against the careless party who is fully or partially responsible for the collision.
How to Proceed After an Auto Accident on Private Property
If you are involved in an accident on private property, obtain medical attention as quickly as possible. Reach out to the local authorities to report the incident. It is imperative that a police report is created so an official record of the auto accident exists. Otherwise, it will prove that much easier for the insurance provider to deny payment for the claim as they cannot access an accident report. Keep in mind, the insurance provider will do everything in its power to minimize the payout, meaning the assistance of a personal injury attorney will prove vitally important.
Be sure to write down the property owner’s name and contact information as well as the contact information for other drivers involved in the accident. Be sure to document the accident scene with both video and photos. Take pictures/video of the damage to vehicles, personal injuries suffered and also the property where the accident occurred. Do not admit fault or apologize as such an admission can be used against you in a court of law.
The Quest to Recover Damages
California is a comparative fault state. This means those involved in accidents are responsible for the percentage of fault they are determined to be liable for. The party that is 51% or more responsible for the accident is required to pay the resulting damages. The settlement award is decreased by the plaintiff’s level of negligence. For example, if an accident causes a victim to endure $200,000 in damages as a result of the at-fault individual’s failure to provide due care yet the victim is later determined to be 20 percent responsible for the incident, the plaintiff’s settlement amount is reduced by $40,000.
The Question of Liability
Fault in an auto accident on the private party is determined by specific elements. Above all, the victim of such an unfortunate incident is challenged with proving the negligent individual/party failed to fulfill his/her obligation to provide due care for those in the vicinity. The breaching of the duty of care qualifies as negligence. However, determining legal liability for accidents on the private party has the potential to prove complicated. The laws of public roads are not always applicable to private roads.
Determining legal liability for an accident on private property is challenging, especially if the individual or business that owns the property where the accident occurred does not want to cooperate. Add in the fact that there is the potential for the property to have a blind spot that caused or contributed to the accident and determining liability becomes even more challenging.
The attorneys will be tasked with establishing a causal relationship between the supposedly at-fault driver’s failure to provide due care (negligence) and the resulting injuries and damage. In short, the legal expertise and strategy implemented by the attorneys handling the case has the potential to make or break the victim’s quest for justice.