A car accident is already overwhelming; when it happens on a private road, suddenly the rules vanish. No standard traffic laws. No police report. And no guarantee your insurance claim will hold up.
Most Florida drivers don’t realize that many places they may visit daily, like gated neighborhoods and business parks, count as private roads. And when a crash happens in one of these spots, your path to compensation can get a lot more complicated.
Read on to learn what counts as a private road and how a crash on private land affects your right to compensation. Miami car accident lawyers can help you make sense of any legal gray areas and push for the compensation you are owed.
What Counts as a Private Road?
Florida law defines a private road as any privately owned way or place where the property owner and anyone with permission to enter can drive on. While it can refer to driveways and pathways to and from houses, apartments, and residences, private roads also cover all of the following:
- Streets in gated communities and neighborhoods managed by a homeowners association (HOA)
- Apartment complex driveways and internal roads
- Parking lots and access roads around commercial buildings
- Hotel and resort driveways
- Roads on industrial lots or business parks
- Campground and ranch roads
How Private Roads Affect Car Accident Claims in Florida
In a typical car accident on public roads, determining liability often depends on local traffic laws and whether all parties involved followed the law and exercised due caution.
If you’re involved in an accident on a private road due to another driver’s negligence, many of these rules do not apply. Here are the main factors that can affect getting compensation for car crashes that occurred on private property:
Traffic Laws May Not Apply
Traffic laws typically don’t apply on private roads unless the property owner has a formal agreement with local law enforcement. Without that, it’s harder to prove the other driver broke the rules or acted recklessly.
There May Not Be a Police Report
In Florida, anyone involved in an accident must report it to the police if it involves injuries or at least $500 of property damage.
However, law enforcement is not required to respond to accidents on private roads or parking lots. If the police don’t respond to the incident, there may be no police report to build your case. You will need to rely on other forms of evidence instead, such as a driver-submitted crash form.
Liability May Be Split
Florida follows a modified comparative negligence rule, meaning you can’t recover compensation if you’re found more than 50% at fault. Insurance companies often use this to their advantage, arguing that your actions contributed to the crash to reduce or deny your claim.
For example, if you back out of a parking lot at the same time as another driver, causing a crash, their insurer may use blame-shifting tactics to assign a higher fault percentage to you.
They may argue you weren’t “careful enough” or that you should have “known better,” or they may magnify small mistakes, such as not signaling or not yielding, to give you 51% or more of fault.
Property Owners May Be Liable
Private property does not have to follow Florida Department of Transportation (FDOT) or federal signage, lighting, or striping standards.
The road or parking lot may also be poorly maintained, have poor visibility, or have a dangerous layout, potentially creating or worsening the conditions that resulted in the crash. For instance, if your accident happened in a parking lot with potholes or blind corners, you may be able to pursue compensation from the property owner for not removing or warning about the hazards to drivers.
Why You Should Contact an Experienced Car Accident Lawyer
Proving fault and liability after crashes on a private road in Miami can be far more challenging than on public streets and highways. An experienced Miami car accident lawyer has the resources to represent your interests.
Here’s why you should reach out to an attorney:
- Obtaining Evidence and Gathering Facts: Your lawyer can help you collect essential evidence to build your case and understand what happened. Examples include photographs, accident report forms, surveillance camera footage, witness statements, and proof of the property’s condition.
- Assessing Liability: A lawyer can determine whether the other driver is the only party at fault or if you should seek compensation from other parties. For instance, if evidence shows the premises were dangerous to drive through, your lawyer may recommend pursuing compensation from the property owner.
- Proving the Other Parties’ Negligence: Even without traffic laws, a skilled attorney can prove negligence by showing the other driver failed to act reasonably.
- Dealing With Insurers on Your Behalf: The insurance providers representing the other parties may try to assign you more than 50% of fault, including twisting your own statements against you. A lawyer can help you recognize these tactics and protect your right to compensation.
Protect Your Right to Compensation With Aigen Injury Law
If you’ve been injured by another driver’s negligent actions on a private road, don’t let them or their insurers intimidate you. The team at Aigen Injury Law can guide you through the process and is ready to fully support you, from determining liability to negotiating on your behalf.
Don’t let a private road stand between you and justice. Contact our offices today for a free consultation and receive the help and legal support you deserve.