If you were hurt in a car accident on private property, it is important to understand how the law protects you. You will need to know what happened and why in order to collect the financial compensation you deserve. In cases of car accident injuries on private property, it is in your best interest to contact a lawyer right away.
The experienced attorneys at Fuller & Fuller, Attorneys PLLC have been helping accident and injury victims in Olympia, Tacoma, and throughout Washington for five decades. If you were hurt in a car wreck on private property, you may be entitled to recover compensation for your physical, financial, and emotional losses. Our car accident attorneys have the experience and resources necessary to determine what party or parties may be at fault for your injuries and pursue the maximum compensation you deserve.
To begin, the most important thing to know is that the fact that you were in a car wreck on private property does not fundamentally change your legal rights. You can still hold the at-fault party accountable—and if the at-fault party is a negligent driver, you can seek compensation for your losses. This is true for incidents occurring on all types of private property, including (but not limited to):
- Private driveways
- Private neighborhood roads
- Business parking lots
- Parking garages
- Fields used for parking at festivals and events
Filing a Claim Against the Other Driver
If you were injured in a vehicle collision on private property, you may have a claim against the other driver. In this scenario, you should call 911 and exchange insurance information just as you would in any other accident scenario. You should also take photos to document the damage to each vehicle, and you should take down the names and phone numbers of any witnesses.
To file a claim against the other driver, you will need evidence that the car accident was the other driver’s fault. Your photos, statements from any witnesses, and the police report can all be helpful in this regard. But, you may need various other forms of evidence as well, so you will want to contact an experienced lawyer promptly to conduct a thorough investigation. Accidents on private property pose special challenges because the statutory “Rules of the Road” generally do not apply on private property. Consequently, the police may not file a report or issue an infraction to the at-fault driver. These special challenges make it even more important to hire an experienced attorney to assist you.
Filing a Claim Against the Property Owner
Depending on the details of your wreck on private property, your attorney may examine the possibility of filing a claim against the property owner. Filing a claim against the property owner is uncommon but may be an appropriate option if:
- The Design or Condition of the Property Led To the Accident – You may have a claim against the property owner if you were involved in a collision that was caused (or partially caused) by an issue with the property. For example, if you got hit in a parking garage or parking lot where the other driver couldn’t see you coming around a corner.
- The Accident Wasn’t Collision-Related – You may also have a claim if the accident was caused by a dangerous condition on the property. For example, if an unmaintained light pole fell on the roof of your car, this could potentially justify a claim against the property owner.
Contact a Washington Car Accident Lawyer for FREE
Cases involving car accidents on private property can be complex and require the knowledge of a seasoned attorney. If you were injured in a wreck on private property, a Washington car accident lawyer at Fuller & Fuller, Attorneys PLLC may be able to help. We can assess your situation, explain your legal options, and fight to recover the compensation you deserve for your medical bills and other losses.
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To get started with a FREE, no-obligation consultation, call (800) 570-4878 or tell us how we can reach you online now. Our firm has served clients in Olympia, Tacoma, and other areas throughout Washington for 50 years.
What Steps Should I Take After a Car Accident on Private Property in Washington?
Similar to car accidents that occur on municipal, state, or federally maintained roadways, the steps you take after a private property car accident can directly impact your ability to seek compensation. Whenever possible, after a car accident on private property you should:
- Check for injuries. Check to ensure everyone in the car is safe. If needed, call 911 to report injuries.
- Exchange information. Exchange contact and insurance information with the other driver(s).
- Gather witness information. Get the name and contact information of any witnesses to the accident.
- Document the scene. If it is safe to do so, take pictures of the accident from multiple angles. Include vehicle damage and surroundings to provide a full account.
- Notify authorities. Depending on the accident’s severity, you may need to call 911 for emergency assistance.
- Contact your insurance provider. Report your accident to your insurance carrier. Avoid taking the blame for the accident or suggesting you may be at fault when speaking to insurance; just give them facts.
- Seek medical attention. Not all injuries are immediately apparent and the severity of others may not be obvious on the scene. Seek medical attention as soon as possible even if you have minor injuries.
When you are seriously injured, taking these steps on the scene of a private property car wreck may not be possible. Speak to an experienced lawyer after your accident to learn how they can gather evidence and help you seek the compensation your injuries demand.
What are the Reporting Requirements for Private Property Car Accidents in Washington?
In the state of Washington, any car accident that results in injury, death, or property damage over $1,000 must be reported to the Department of Transportation within four days. This is true even when a car accident occurs on private property.
If police are called to the scene of the accident and tell you they will file a collision report, you will not be required to take this step. Be sure to check if responding officers plan to file a report so that you remain in compliance with the law.
Do Washington State Traffic Laws Apply to Private Property Car Accidents?
Washington state traffic laws do not generally apply to private property. However, certain laws–such as DUI laws and those related to reckless driving–may apply regardless of a car accident’s location. Also, a driver always has a duty to drive in a safe and non-negligent manner, even on private property.
Private property owners sometimes create their own rules and regulations regarding driving on their property. These may play a role in determining liability, but do not supersede state laws related to negligence or criminality.
When you are involved in a car accident on private property in Washington, it can be very difficult to understand your rights. Discussing your case with an experienced car accident attorney will help clarify your options and assist you in making the best decision on how to proceed with your claim.
Are There Specific Statutes in Washington That Apply to Car Accidents on Private Property?
Washington state does not have statutes exclusive to car accidents on private property. However, the general principles of negligence and liability can be applied to accidents no matter where they occur. It is important to remember that, even without specific statutes regarding private property car accidents, victims of serious injury may still be entitled to seek compensation for medical expenses, pain and suffering, and other damages.
How Can I Prove Fault in a Car Accident That Happened on Private Property in Washington State?
Proving fault is a key component of any car accident injury claim. No matter where an accident occurs, the burden of proof—showing that an injury was someone else’s fault—lies with the victim. This is where the assistance of an attorney becomes indispensable.
Your attorney will carefully review your claim and all associated damages to determine both the cause of the crash and the long-term consequences of your injury. This may include working with reconstructionists, medical professionals, and other experts who can assist in investigating the accident and collecting evidence to support liability. Choosing an attorney who is also an accident and injury specialist can further help to ensure all possible causes are carefully considered and thoroughly evaluated in the process of establishing fault.
What Role Does Washington’s Comparative Negligence Law Play in Private Property Car Accidents?
Washington’s comparative negligence law considers each party’s level of fault when determining liability following a car accident. This means that, even if you are partly to blame for a car accident on private property, you can still seek compensation for your damages. However, the amount of compensation you are awarded—either through settlement negotiations or a trial—will be reduced by whatever percentage of liability you hold. For example, if the total amount of damages you were awarded was $10,000 but you were found to be 20% liable for the accident, you would only be awarded $8,000.
Determining liability in a private property car accident in Washington requires a thorough investigation into its causes. It also requires a comprehensive understanding of applicable state laws. Working with an experienced, knowledgeable, and proven lawyer is one of the surest ways to see that liability is properly established and your right to seek full compensation is retained. Call Marya Fuller at Fuller & Fuller Attorneys for a free consultation.
