When a car accident occurs on your private property, the rules and regulations that apply to the public highway or street accidents may not necessarily be applicable in your case. Determining liability for injuries or property damage can be much trickier than many people think.
If you’ve been involved in a car accident on private property, call New Orleans auto accident lawyer, Mike Mahone, today at (504) 564-7342 for a free case evaluation.
Who is labile in a car accident on private property?
Unlike in public road accidents where the state has no liability to either party, liability in private property accidents may be shared between a property owner and the parties involved.
Since the police officers usually don’t issue tickets or offer conclusions regarding the party responsible for the accident, understanding what constitutes negligence can help you make a successful claim.
Circumstances when a property owner may share some liability
Most of these accidents happen in parking lots at commercial locations, such as shopping centers, hotels, and restaurants. As a property owner, you have a duty to address any known or foreseeable safety hazards to keep your legal visitors safe when they are on your property.
Some of the factors that may contribute to car accidents on private property and, potentially, affect your liability include, but not limited to:
- Poorly designed or maintained private property
- Inadequate or lack of signature
- Poor visibility due to broken lighting
- Unmarked construction
- Defective elements on the streets or driveway
What if it is the other party that was negligent?
Drivers often refuse to admit fault in car accidents. You will need to gather evidence to support your claim. If you have security footage installed in your property, it can help determine who is at fault.
Well, the other party may be held liable for injuries and property damage in some of the following circumstances:
- Impaired driving (driving while intoxicated)
- Distracted or careless driving
- Failure to yield the private street or driveway appropriately
- Failure to follow the acceptable parking lot rules and regulations.
In some cases, especially when an accident has multiple causative factors, proving negligence can be difficult if you have no idea what to look for. That is why you should consider consulting a car accident lawyer. They can help you even in a car accident on private property, no insurance case.
Steps to take after a car accident on private property
Step 1: Report the accident
While police wouldn’t issue you with a ticket, it is still important to report the accident to the law enforcement officers, especially if you were severely injured. The information gathered by the relevant authorities during an investigation can be helpful when you file a lawsuit to recover losses.
Step 2: Contact your insurance provider
The accident should also be reported to your insurer as soon as possible, even if it caused minor damage. Some injuries may not be obvious immediately after the incident, but they can worsen a few days or weeks later. Delaying to report can affect your claim.
Step 3: Seek medical attention
If a car accident results in severe injuries, it is advisable to call the medical emergency team. Otherwise, the injury can worsen, and a person’s ability to recover damages might be limited.
Step 4: Contact a lawyer
An experienced attorney will help you gather evidence to prove negligence, which fundamental in determining the amount you’re entitled to receive as compensation. The lawyer will also negotiate with your insurance company and ensure you receive what you rightfully deserve.
If you need a reputable and experienced car accident lawyer, get in touch with The Mahone Firm. Call (504) 564-7342 today to request a free case evaluation.
