Car Accident on Private Property — Who is Liable?

car accident

Determining liability when a car accident occurs on private property is somewhat more difficult because there are different rules and regulations than public roads.  But just because an accident occurs on private property, it doesn’t make pursuing your rightful compensation for your damages any less important.

Our legal team understands what your best options are when you’re in this somewhat complicated scenario, and we’re here to help you file a claim against the negligent parties that caused the collision.

So if you or a loved one was involved in a car accident on private property, it’s crucial that you contact us for a free consultation so we can review the unique circumstances pertaining to your claim and help put you in the best position towards devising a successful legal strategy. 

What to Do Immediately After An Accident on Private Property

The first thing you should always do in this type of accident situation is call your local authorities and report what happened. Your local police may not come to the accident scene if no serious injuries are apparent, and this is especially the case if the accident occurs on private property.

You should still request a police report so there is an official record of the car accident, and this is predominantly because insurance companies may deny paying a claim when there isn’t a viable accident report. Insurance companies will always attempt to pay the bare minimum in their initial settlement offer anyways, which is where we’ll come in to support your settlement negotiations. 

Some of the important initial steps you should take after a car accident on private property include the following:

  1. Get medical attention: It’s important that you get examined by a professional medical team and obtain an official medical record of your sustained injuries.
  2. Obtain necessary contact information: This means getting the contact information of the property owner, and the party that ultimately was the cause of the collision.
  3. Take photos/videos: Having this type of concrete evidence that essentially captures what happened at the scene of the accident is crucial in terms of verifying the property damage done to all involved vehicles, and any sustained injuries. 
  4. Don’t admit to any fault, or even apologize: Investigators will help you determine the liability of the accident, so leave it up to the professionals.
  5. Document any necessary details: This means writing down or recording your side of the story while the accident is still fresh in your memory.
  6. Reach out to an esteemed personal injury attorney: You should always contact us prior to talking to even your insurance company, and this is because it can go a long way to have a legal expert on your side that will be more forthright in helping protect your interests.

Determining Who is Liable

There are certain elements that establish an at-fault party within a car accident claim, and the main thing an accident victim must prove is that the negligent party owed them a certain duty of care and ultimately breached that duty of care through their actions/inactions.

But when an accident occurs on private property, it can be a little bit more complicated in terms of establishing law violations. Although general negligence may be similar to public roads, the ubiquitous laws of the road may not apply to this type of scenario.

Determining liability on private property can be difficult, especially if the property owner is unwilling to cooperate. There are also other unique factors that can come into play on private property, including the scenario in which a blind spot on the property contributed to the accident’s occurrence and ultimately should have been corrected by the owner.

You’ll also have to establish the connection between the at-fault driver’s negligence and your sustained injuries/damages. This is where the assistance of an experienced legal team will support your claim, because we’ll be able to help you decipher all the contributing factors that ultimately help determine the liability of the collision, and monetarily calculate your present and future damages. 

Recovering Your Damages

California is a pure comparative fault state, which means that accident victims will be responsible for the overall percentage of fault they’re found to be liable towards.

Whoever is over 51% responsible for the accident’s occurrence will ultimately have to pay for the subsequent damages, and a settlement award will be reduced by the overall percentage of negligence that the plaintiff is proven to have committed.

An example of this would be an accident victim sustaining $100,000 in damages as a result of the at-fault party’s negligence, but the accident victim is later found to be 20% at fault for the accident’s occurrence. In this instance, the plaintiff would have their settlement award reduced by $20,000. 

Reach Out to Us for Help With Your Private Property Accident Claim

If you or a family member was involved in a car accident on private property, then it’s crucial that you immediately begin taking the necessary steps towards protecting your rights. Insurance companies are never going to have your best interests in mind, which is why you’ll need an esteemed personal injury attorney, like Alex Megeredchian, to support you and your interests while seeking to obtain your full and rightful compensation for your sustained and future damages.

Contact us today for a free consultation so we can get a more comprehensive understanding of your collision situation, and begin initiating the necessary steps towards your best possible legal strategies.

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