Car Accident on Private Property - Injury Claims
Las Vegas, Nevada
Car accident on private land
If you got injured in a car accident on private property, call us at 702-432-1000 to discuss your case. We don't charge for consultations.
We represent clients in Las Vegas and Nevada.
What is a car accident on private property?
A car accident on private property refers to a car collision on privately owned land - rather than publicly maintained roads or highways.
These car accidents may range from minor fender benders to more serious collisions, resulting in severe injuries and even accidental death.
Accidents on private property may involve:
- Vehicles colliding with each other,
- Vehicles crashing into stationary objects (e.g., the side of a building or a tree),
- Pedestrians.
Where do private road accidents happen?
Accidents on private land happen in the following places:
- Private driveways,
- Gated communities (e.g., apartment complexes),
- Private roads within communities,
- Small residential streets within housing developments,
- Private estate or ranches.
Who is liable?
The accidents on private land could be complicated.
Unlike accidents on public roads, where government traffic laws and regulations typically govern liability, accidents on private property are subject to different legal considerations. Private property owners are responsible for maintaining safe conditions on their land. If they fail to keep the area safe, they are financially responsible for all damages, including medical bills (past, present, and future) and other damages.
Getting a police report
In the event of a car accident on private property, police response is typically limited to cases involving significant property damage or severe injury. However, this can pose a challenge, as certain insurance companies mandate a police incident report to process claims and determine liability. Nevertheless, if the property owner explicitly requests police assistance when contacting emergency services, authorities typically respond and come to document the car accident scene.
If you need more information, give us a call.
If guests, licensees, and trespassers get injured
When guests, licensees, and trespassers get injured in a car accident on private property, the property owner's liability depends on the circumstances of the accident.
Guests: If a guest is injured in a car accident due to a hazardous condition on the property that the owner knew or should have known about and failed to address, the property owner is responsible for the injuries.
Licensees: Licensees are not guests but have permission to be on the property. Examples of licensees include individuals conducting business on the property, such as contractors, food delivery drivers, or package delivery personnel. If a licensee gets injured because of a hazardous condition, the property owner may be responsible for the injuries.
Trespassers: Trespassers are individuals who enter property without permission from the owner. Examples of trespassers include children, urban explorers, and environmental activists. If they get injured in a car accident on private land where they were not invited, the property owner has minimal responsibility to them.
Do insurance companies cover accidents on private property?
Yes, insurance companies typically provide coverage for car accidents on private property. However, the extent of the insurance coverage may differ depending on the policy.
• Most auto insurance policies cover damages and injuries if the insured driver is found legally responsible for an accident on private property. This coverage typically applies regardless of whether the accident happens on a public road or private property.
• The homeowner's insurance covers bodily injury and property damage claims, including accidents on private roads and driveways.
• Homeowners Associations (HOAs) typically carry extensive liability insurance (up to 1 million per accident) to protect against claims arising from injuries on their property.
What to do after the accident
After a car accident on private property, here are the steps to take:
1. Check for injuries: Immediately assess yourself, passengers, and others involved in the accident for injuries. Call 911 for an ambulance if anyone is injured.
2. Move to a safe location: To avoid obstructing traffic or causing further collisions, move the cars to a secure location. If necessary, use hazard lights or flares to alert other drivers.
3. Exchange contact information: Exchange contact and insurance information with the other driver(s), including names, phone numbers, addresses, driver's license numbers, license plate numbers, and insurance policy details.
4. Document the scene: Take photos/videos of the accident scene, vehicle(s) damage, skid marks, road conditions, and any relevant signage. This documentation can be valuable for insurance claims and legal purposes.
5. Notify property owner: If the accident occurred on someone else's property, immediately notify the owner or manager. They may need to file a report or take action to address any property damage.
6. Call the police: Report the incident to law enforcement.
7. Seek medical attention: Even if you don't initially feel injured, seeking medical attention is essential. Some injuries may not be immediately apparent, and medical treatment documentation is crucial for insurance claims.
8. Contact your insurance company: Report the accident immediately to your auto insurance company. Provide them with the accident details and any documentation you've gathered. Follow their instructions for filing a claim.
9. Keep records: Keep all documents related to the car accident (e.g., medical bills, car repair estimates, correspondence with insurance companies).
10. Call an attorney: If you or a loved one suffered an injury in an accident, contact an attorney. We invite you to call us at 702-432-1000 to discuss your case.
Challenges of lawsuits involving car accidents on private property
Lawsuits involving car accidents on private property can present several challenges.
• First, unlike accidents on public roads, where traffic cameras and witnesses are typically available, accidents on private property may have limited evidence, making it challenging to reconstruct events leading to the accident and establish fault.
• Second, establishing liability can be more complex on private property than on public roads. Attorneys must carefully examine the property ownership, maintenance responsibilities, signage, lighting, and the actions of all parties involved in an accident to determine who is responsible for the accident.
• Finally, if the victim is partly at fault, their ability to recover damages will be reduced or eliminated. Under Nevada law, the plaintiff could collect compensation from all at-fault parties if the plaintiff was less than 51% responsible for the accident.
We can help
If you suffered a severe injury or lost a family member in a car accident on private property, call us at 702-432-1000 for a free consultation.
We work contingently, meaning you pay us only when we win your case.
We represent clients in Las Vegas and Nevada.
Last updated on April 2, 2024.
