What Happens If a Car Accident Happens on Private Property?

From business parking lots to streets in gated neighborhoods, car accidents can (and do) happen on various types of private property. If you were injured in a car accident on private property, it will be important to ensure that you have a clear understanding of your legal rights. 

So, what do you need to know in this scenario?

The most important thing you need to know is that, fundamentally, your situation is no different than if you had been injured on a public road or highway. If you were injured in a car accident that was someone else’s fault, you are entitled to compensation under Wisconsin law. 

Filing a Claim After a Car Accident on Private Property in Wisconsin

With this in mind, filing a claim for your car accident starts with conducting an investigation to determine the cause of the collision. Even if you already know what happened, you will need proof to seek the financial compensation you deserve. The insurance companies aren’t going to take you at your word—in fact, no matter what happened, they will be focused on fighting your claim by all means available. 

Conducting an investigation on private property can present some unique legal considerations. As a result, while it is always important to hire a lawyer after a car accident, it is especially important to hire a lawyer in this scenario. As long as you start the process in time, your lawyer will be able to take the steps necessary to conduct an investigation before critical evidence disappears. 

When investigating your car accident, your lawyer will be looking for evidence of any and all potential causes. This includes, but is not limited to, potential causes such as:

• Driver Negligence – Most car accidents are the result of driver negligence. Speeding, running stop signs, turning without looking, driving while distracted, and driving while intoxicated are all common causes of car accidents on both public and private property. 
• Property Owner Negligence – Private property owners can be held liable (or at least partially liable) for car accidents in some cases. To hold the property owner liable for your car accident, you must be able to prove that the accident involved a property-related issue that could (and should) have been prevented or remedied. Potholes, inadequate lighting, and limited visibility caused by overgrowth are all examples of potential grounds to seek compensation. 
• Employer Negligence – In Wisconsin, employers can be held liable for their employees’ negligence on the job. If you got hit by an employee of the business where the accident happened or a contractor that was working in your private neighborhood, his or her employer could be liable for your accident-related losses. 
• Dealer or Repair Shop Negligence – If faulty service work played a role in your car accident, the dealer or repair shop that performed the work could be liable. This is true whether it was your vehicle or the other driver’s vehicle that malfunctioned in the moments leading up to the crash. 
• Vehicle Defects – If your vehicle or the other driver’s vehicle was defective when it left the factory, the manufacturer could be liable for your crash. Likewise, if a vehicle defect contributed to the severity of your injuries (i.e., if your airbag or seatbelt malfunctioned), you could have a claim against the manufacturer in this scenario as well. 

Along with proving the cause (or causes) of your car accident, another key step in the process of filing a claim after a car accident on private property is proving the damages you are entitled to recover. You do not want to rely on the insurance companies to calculate your damages for you. Once you hire a lawyer to represent you, your lawyer will be able to assist with calculating compensation for your present and future:

• Medical bills and other out-of-pocket costs
• Lost income and benefits
• Physical pain and suffering
• Emotional damages
• Loss of enjoyment of life

All of these losses are unique to you; and, again, the fact that your car accident happened on private property does not impair your ability to seek the financial compensation you deserve. To help maximize your chances of recovering maximum compensation, you should consult with an experienced car accident lawyer as soon as possible. 

Speak with a Car Accident Lawyer at Studinski Law for FREE

If you were hurt in a car accident on private property, whether in a business parking lot, a private driveway, or inside a gated community, you need someone in your corner with the experience, skill, and resources necessary to fight for the compensation you deserve. At Studinski Law, LLC, we do more so you get more. We dig deeper, push harder, and involve more legal minds in your case. Because when your recovery and your future are on the line, good enough is never good enough.

Contact Studinski Law, LLC online or at (715) 515-7993 today for a FREE case evaluation. Our car accident attorneys serve clients in Plover and all of Wisconsin.