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Car Accident On Private Property

What Happens When A Car Accident Takes Place On Private Property? 

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Most car accidents happen at busy intersections, highways, or winding country roads. But what happens when there’s a car accident on private property? It’s a scenario that many of us have never considered, and yet it can present a unique set of challenges and legal complexities. 

If you’ve been in a car accident that took place on private property, you may find your rights to compensation differs from those of an accident on public roads. In this blog post, we’ll explain some of the legal intricacies of private property car accidents and how an attorney can help you navigate the legal challenges. 

If you need a Utah personal injury lawyer, we can help you. We’re experienced injury lawyers based in Logan, UT but we serve the entire state including Ogden, Salt Lake City, Provo, and St George. We also serve the entire state of Idaho! Click the button below to get your free consultation over the phone or in person. 

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Utah Car Accident Law

Common Injuries in Private Property Car Accidents

Because car accidents on private property tend to occur at a slower speed, some people assume that these accidents don’t cause major injuries. Whether the accident occurs on a narrow lane or in a parking garage, it can still cause injuries and medical issues that need treatment. After all, the human body is vulnerable to various forces and impacts, no matter the speed. Here are some of the most common injuries seen in private property car accidents: 

  • Whiplash: Probably the most well-known injury in a slow speed accident, whiplash happens when the head and neck are suddenly jolted forward and backward due to impact. This causes strain and sprain to the neck muscles and ligaments. Symptoms include neck pain, stiffness, headaches, and difficulty in neck movement. 
  • Soft tissue injuries: Soft tissue injuries, such as sprains, strains, and bruises, are common in private property car accidents. These injuries affect muscles, tendons, and ligaments and can lead to pain, swelling, and a limited range of motion. Ankles, wrists, and shoulders are particularly susceptible to soft tissue injuries.
  • Concussions: While less common in accidents on private property, head injuries can still occur, especially if the head strikes a hard surface like the windshield. Concussions can result in symptoms like headaches, dizziness, confusion, memory problems, and nausea. 
  • Back injuries: In slow-speed accidents on private property, the impact may be absorbed by the vehicle’s seat, reducing the likelihood of severe spinal injuries. However, back sprains, strains, and herniated discs can still occur, leading to back pain, numbness, or tingling in the extremities. 

Whether you notice your injury right away or not, it’s always best to seek medical treatment after a car accident on private property. This will help you in your healing as well as help protect you legally. Some places limit the amount of compensation you might receive if you don’t see a doctor in a timely manner. 

How Is Private Property Different? 

While it might seem like private property car accidents should be the same as those that occur on public roads, there are some major differences. In the case of a private property car accident, the property owner may be pulled into the case, especially if the condition of the property contributed to the accident. 

Another issue to consider is how the rules on private property differ from the rules of the road. Still, drivers are legally required to do their best to drive safely. If the garage has a speed limit of 15 mph but you were going 20 mph, that might affect whether you’re eligible for compensation. Other property owners require a permit or liability waiver to drive on their property. These will impact your case. 

Car Damaged on Private Property

If your car is damaged on private property, whether it was a residential driveway or parking lot, it can be both frustrating and inconvenient. The first thing you should do is prioritize your safety and the safety of those involved. If there are any immediate dangers or potential for further collisions, move to a safe location and alert others in the vicinity. 

Whether it’s a fender bender or more serious damage, make sure to take detailed photographs or videos of the damage. Collect the information of the parties involved, as well as contact information of witnesses. Report the incident to the property owner as soon as possible and give them a clear account of what happened. 

Contact your insurance company and review your policy to understand the coverage you have for accidents on private property. Some policies have specific provisions or limitations. If you believe the property owner’s negligence was at fault, you’ll want to contact an attorney as soon as possible. They can assess the circumstances and advise you on potential legal action. 

Private Property Car Accident Laws

In private property car accidents, there are a few Utah laws that will affect the outcome of your compensation. First of all, the private property owner may be held liable if negligence can be proved. This is different than in an accident on public roads, where the government typically cannot be held liable. 

Some other Utah laws to be aware of include:

  • Statute of limitations: As with all kinds of personal injury lawsuits, you have four years to file a lawsuit for a car accident on private property. 
  • No-fault state: Utah is a no-fault state. This means that anyone involved in a car accident must submit a claim to their own personal injury protection (PIP) first. Only if your injuries are significant can you file a third-party liability claim. 
  • Comparative negligence: The state of Utah uses comparative negligence to determine liability. This means that you can only be compensated if you are less than 50% at fault for the accident. 

Car Accident on Private Property with No Insurance

What happens if you get in a car accident on private property with no insurance? If you’re the one at fault and you have no insurance, you will have to pay for your expenses out of pocket. If the other driver was at fault and had no insurance, you could file a lawsuit against them for your medical bills and expenses if the injuries are substantial. Utah requires PIP insurance, and if you don’t have coverage, you may also face legal consequences, which can include license suspension, fines, jail time, or having your vehicle impounded. 

Is the Property Owner Liable? 

Not necessarily. However, private property owners have certain responsibilities when it comes to maintaining a safe environment for visitors and tenants. If an accident occurs due to hazards on the property, such as narrow roads, tight corners, inadequate lighting, potholes, or obstacles, the property owner may be held partially or fully responsible for the accident. In these cases, a car accident attorney can help you prove your liability. In other cases, the fault is simply between the two drivers with no involvement from the property owner. An experienced lawyer can help you make your case and determine liability. 

Is Utah A No Fault State?

How to Determine Liability

Determining liability in a car accident on private property can be more complex. On public roads, there are established traffic laws that help determine fault. However, on private property, liability is often determined based on negligence and the specific circumstances of the accident. Insurance coverage may also vary, as some policies may not extend coverage to accidents that occur on private property.  An experienced attorney can help you identify who is likely liable and help you prove your case. 

What to Do After an Accident on Private Property

For the most part, you should take the same steps following an accident on private property as you would on public property. Here’s what to do after a car accident on private property: 

  1. Call the police and report the accident. It’s important to have the police document the accident. 
  2. Exchange information with the other driver. 
  3. Document the accident thoroughly, including the property surrounding the accident.
  4. Contact the property owner. In an accident on public property, this step isn’t necessary. However, even if the property owner is not at fault, it can be useful to communicate with them. They may even have security camera footage of the accident that can help your case. 
  5. Seek medical help as soon as possible. Document your injuries and keep all records. 
  6. Contact an experienced attorney. They will listen to your account and be able to advise you in all steps of the case.  

How an Attorney Can Help You

Every car accident on private property is unique, and comes with additional legal complexities. A personal injury attorney is there for you and can help you in the following ways: 

  • Investigate the accident, specific rules of the private property, as well as potential negligence by the owner. 
  • Gather evidence for your case. Collect and keep track of police reports and all medical documents. 
  • Negotiate with the insurance. 
  • Take your case to trial, if necessary. 
  • Advise you on your rights as well as steps you should take for the best outcome. 
  • Identify the potentially liable party and help you prove fault. 

Hit and Run Private Property

Hit-and-run accidents on private property are a little bit different than those on public roads. As anywhere else, a hit and run on private property that involves a death or serious injury is a major crime and 911 should be called right away. However, in the case of a minor accident where no one is injured, the police may not come to the scene of the accident. Security camera footage from your house or property may help you catch the perpetrator even if the police do not come. If your car sustains damage after a hit and run on your private property, it’s always a good idea to speak with an attorney before you call the insurance company. 

Private Parking Lot Accident 

Many accidents in private parking lots involve one car that is parked and one car that is moving. In that case, the driver is usually at fault. But some private parking lot accidents are not nearly as clear cut. Whether it’s two cars trying to occupy the same space or a car backing out into moving traffic, determining fault can be challenging. Since most parking lots are privately owned, they don’t have the same laws as public roadways. However, all drivers have a duty of care to drive carefully through the parking lot. If someone is speeding or not paying attention, they may be held liable for the accident.  

If you’ve been injured in a car accident on private property, Harris, Preston, and Chambers are here to help. We’ll take on the work of investigating the accident and building a case so you have the best chance to get the compensation you deserve. 

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Utah Motorcycle Accident Law
Rear End Collision

Who is at Fault in a Rear-End Collision? 

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Rear-end collisions are one of the most common types of car accidents on the roads of Utah, as well as across the United States. When such an accident occurs, determining fault can be a complex and contentious process, as there are several factors that can contribute to the collision. While many people assume that the driver who hits the car in front of them is always at fault, this is not always the case.

In Utah, the law recognizes that fault in a rear-end collision is not always clear-cut and can depend on a variety of factors. In this blog post, we’ll explore who may be at fault in a rear-end collision in Utah and the factors that can influence the determination of fault. 

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Who is at Fault in a Rear-End Collision? 

In Utah, the driver who rear-ends another vehicle is often presumed to be at fault for the accident. This is because drivers are expected to maintain a safe following distance and be aware of their surroundings. However, this presumption can be rebutted if the driver in front acted negligently or violated a traffic law that contributed to the accident.

For example, if the driver in front suddenly slammed on their brakes without reason or did not have functioning brake lights, they may be partially or fully responsible for the accident. Additionally, if the driver who was rear-ended was driving under the influence or was texting while driving, they may also share some responsibility for the accident. Ultimately, fault in a rear-end collision in Utah will depend on the specific circumstances of the accident and the evidence presented.

It’s important to seek the advice of a knowledgeable attorney who can help navigate the complexities of Utah’s fault and negligence laws in order to determine who is responsible for the damages and injuries caused by the accident. 

If You Rear-End Someone, Is It Always Your Fault? 

In Utah, determining fault in a rear-end collision depends on the specific circumstances of the accident and the evidence presented. The law recognizes that there may be situations where the driver who rear-ended the other vehicle was not solely responsible for the accident. 

Below is a list of the most common reasons Utah drivers may hit the car in front of them: 

  • Distracted driving (e.g. using a cell phone, eating, or applying makeup)
  • Following too closely (tailgating) and not leaving enough room to stop in time 
  • Speeding or driving too fast for the conditions
  • Failing to notice changes in traffic flow or road conditions (e.g. a red light or sudden stop ahead) 
  • Driving under the influence of drugs or alcohol 
  • Mechanical failure or faulty brakes on the car 
  • Aggressive or reckless driving behaviors (e.g. weaving in and out of traffic) 
  • Fatigue or falling asleep at the wheel. 

It’s important to remember that each accident is unique and may have different contributing factors, so it’s always a good idea to exercise caution and stay alert while driving to avoid accidents. 

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What to do If You’re Involved in a Rear End Collision 

It’s important for both parties involved in a rear-end collision to gather as much evidence as possible to determine fault. This can include photos of the accident scene, witness statements, and police reports. It’s also crucial to seek the advice of an experienced attorney who can help navigate this uncharted territory with you. 

What if I Rear-Ended Someone Who Stopped Suddenly? 

If you rear-ended someone who stopped suddenly, it’s important to determine whether or not the driver who was hit had a reasonable cause for stopping abruptly. In Utah, if the driver who was hit made a sudden stop without reasonable cause, they may be considered at fault for the accident. For example, if the driver in front stopped suddenly to avoid hitting a pedestrian or animal, or to prevent colliding with another car that had cut them off, they may have had a reasonable cause for stopping abruptly. In this case, the driver who rear-ended the other car may be considered at fault for the accident.

However, if the driver who was hit stopped suddenly for no apparent reason, or made a sudden turn without using their turn signal, they may be considered at fault for the accident. In this scenario, the driver who rear-ended the other car may not be fully responsible for the damages and injuries caused by the accident. 

How An Accident Lawyer Can Help 

If you’ve been involved in a rear-end collision, it’s important to seek the advice of an experienced attorney who can walk you through every step of this complicated process. At Harris, Preston, and Chambers, we specialize in personal injury law and have years of experience helping clients who have been involved in rear-end collisions. We’re based in Logan, Utah but we serve all of Utah from St George to Provo, Salt Lake, and Ogden. We also serve Idaho and Wyoming if you live in one of those states and need help. 

Our experienced legal team can help you by gathering evidence to determine fault in the accident, negotiating with insurance companies, and advocating for your rights in court if necessary. We understand that a rear-end collision can be a stressful and overwhelming experience, and will work to provide our clients with compassionate and personalized legal representation. 

One of the benefits of working with us is that we have a team of experienced investigators who can conduct a thorough investigation into the accident. We will collect evidence such as witness statements, police reports, and photos of the accident scene to determine who is at fault for the accident. This evidence can then be used to negotiate with insurance companies to ensure that you receive the compensation you deserve. 

Additionally, if your case goes to court, our attorneys have the experience and knowledge necessary to advocate for your rights and ensure that you receive a fair outcome. Our team will work tirelessly to ensure that you receive compensation for your medical expenses, lost wages, and other damages resulting from the accident.

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Car Accident

Can the Passenger in a Utah Car Accident Sue the Driver for Damages?

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April and Barbara are carpooling to work on a rainy September day. Barbara has a lead foot, but they always get to work on time, so April rarely complains about her driving habits. Suddenly, a deer runs out in front of Barbara’s car and she is unable to stop in time, but in a knee-jerk reaction to avoid striking the deer, Barbara swerves the car violently, causing it to spin out of control and into a ditch on its side.

Both April and Barbara are seriously injured in the one-vehicle crash, and they have to miss over a month of work for their recovery. Now April is undergoing occupational therapy to regain use of her right leg, which was crushed in the collision. She considers Barbara a friend but is concerned about the growing cost of medical bills and lost wages attributed to the collision. Can a passenger sue the driver in a car accident? 

What Comes After the Car Accident?

If you were in a multi-vehicle accident, and you believe the driver in the vehicle you were in is liable for the crash, you might feel conflicted. If you make a statement to the other insurance companies, your friend could be sued. On the other hand, not doing so would be omitting crucial facts about the cause of the accident and what you saw as a witness and a passenger. Because Utah is a comparative fault jurisdiction, it is possible that both drivers in a two-car collision could be held liable, but for different amounts.

However, it is crucial that as a passenger you report the accident and what you witnessed in detail to the authorities and that you seek emergency medical treatment if necessary. You should not have to pay out of pocket for medical bills attributed to the accident. You also should not let the driver in the vehicle try to pressure you into not seeking help or not being honest about what occurred just prior to the collision. 

What if the Passenger is Blamed?

In a single-vehicle collision, it is not out of the question that a driver might try to blame the passenger for the crash to try to cushion the blow. Maybe the passenger screamed, “watch out for the deer” or suddenly shouted. However, it is highly unlikely a passenger would be held liable for a collision for warning the driver of a dangerous condition or obstruction in the road. A passenger would have to be intentionally negligent or reckless for a driver to try to blame them. For a passenger’s behavior to be a contributing factor to an accident or deemed reckless, they would have to cover up the driver’s eyes or field of vision or actually strike the driver. This is why it is so crucial for the passenger in an accident to report the accident to police and seriously consider retaining a personal injury attorney to protect their claim. 

Contact Our Logan Car Accident Attorneys 

Car collisions are traumatic for everyone involved. Passengers are powerless in an accident, regardless of which vehicle they may have been in. However, that does not change the likelihood they will suffer serious, debilitating injuries after a collision. While it might be awkward to sue a friend or relative after an accident, if you are still dealing with an injury, you deserve compensation for your losses. Our car accident attorneys are licensed in Wyoming and Utah, with offices conveniently located in Logan Utah. We specialize in plaintiffs’ personal injury and are available to give you a free legal defense strategy. Call today to schedule your free consultation.

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