Premises liability accidents involving vehicles occur when unsafe conditions on a property lead to vehicular accidents. The liability for these accidents typically falls on the property owner if it is proven that negligence in maintaining safe conditions contributed to the accident.

Craig Swapp & Associates is a distinguished personal injury law firm serving various states including Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona. Our personal injury attorneys specialize in representing individuals who have suffered injuries in premises liability accidents, including those that involve vehicles.

Reasons for Premises Liability in Vehicular Accidents 

Premises liability accidents involving vehicles encompass a range of incidents where unsafe conditions on a property lead to accidents or collisions involving one or more vehicles. These incidents can manifest in various settings such as parking lots, driveways, service roads, or any other property areas designed for or used by vehicles. Often, these accidents result from hazards that have not been adequately addressed by the property owner or manager.

Liability for these accidents generally rests on the shoulders of the property owner, especially if it can be demonstrated that their negligence in maintaining the property contributed to the unsafe conditions that caused the accident. 

Inadequate Lighting

Inadequate lighting on a property can severely impair a driver’s ability to see clearly, especially during nighttime or adverse weather conditions. Poor lighting may obscure visibility of pedestrian crosswalks, traffic signs, or other vehicles, making it difficult for drivers to navigate safely. This increases the risk of collisions or pedestrian accidents, particularly in areas where foot and vehicle traffic converge, such as parking lots or multi-level garages.

Inadequate Signage/Traffic Control

Proper signage and traffic control devices are essential for directing the movement of both vehicles and pedestrians safely around a property. When signs are missing, improperly placed, or obscured, drivers and pedestrians may not be adequately informed about right of way, leading to confusion and potential accidents. 

This includes signs for stop, yield, pedestrian crossing, and speed limits. Property owners must ensure that all traffic control signs are visible and meet the regulatory standards to mitigate accident risks.

Inadequate Security

In locations where vehicle-related crimes such as theft or vandalism are prevalent, the lack of security measures such as surveillance cameras, security personnel, or adequate lighting can increase the likelihood of such incidents. Moreover, inadequate security may also lead to more severe incidents like assaults if drivers or pedestrians feel unsafe. Property owners are responsible for implementing reasonable security measures to protect individuals and their property from foreseeable harm.

Potholes and Uneven Surfaces

Potholes, uneven surfaces, and other forms of disrepair can pose significant risks to vehicles and pedestrians alike. These surface irregularities can cause drivers to lose control of their vehicles, potentially leading to accidents. 

They can also be a tripping hazard for pedestrians. Regular maintenance and prompt repairs are the duties of the property owner to prevent such accidents and the associated liability.

Defective Construction

The construction of parking facilities, driveways, and roads must adhere to specific safety standards and building codes. If these areas are constructed with defects, such as improper slope, inadequate drainage, or substandard materials, they can deteriorate quickly and become hazardous. Property owners are tasked with ensuring that all construction on their property is performed to the appropriate standards and that regular inspections and maintenance are followed to prevent accidents caused by structural failures.

Addressing these factors effectively requires ongoing attention and maintenance from property owners to ensure safety and compliance with local laws and regulations. This proactive approach not only helps in preventing accidents but also in reducing the liability risks associated with premises liability claims.

Common Injuries and Compensation Due to Negligence

Victims involved in vehicular accidents on private property can sustain a wide spectrum of injuries, ranging from minor bruises and cuts to severe, life-altering conditions. 

Among these: 

  • Head injuries stand out due to their potential to cause long-term cognitive effects and the necessity for extensive medical treatment. 
  • Fractures may involve complicated surgeries and prolonged rehabilitation, while spinal injuries can lead to permanent disabilities such as paralysis. 
  • Soft tissue injuries, though often less severe, can still result in significant discomfort and lengthy recovery periods.

Compensation for victims of such premises liability accidents typically covers various damages. 

  • Medical expenses, both immediate and ongoing, are usually the most significant. This includes costs for emergency care, surgeries, medication, physical therapy, and any future medical treatments related to the injury.
  • Loss of earnings is also critical, compensating the victim for wages lost during recovery and, in severe cases, potential future earnings if the victim cannot return to their previous employment capacity. 
  • Pain and suffering compensation addresses the physical and emotional distress caused by the accident and injuries.

In some jurisdictions, victims may also claim punitive damages if the negligence was particularly egregious, intended to penalize the wrongdoer and deter similar negligent behavior.

Investigating Vehicular Accidents on Private Properties

Investigating vehicular accidents on private properties requires a meticulous approach to establish liability accurately. The initial step typically involves a detailed examination of the accident scene, which can provide critical insights into the circumstances leading up to the incident. This might include analyzing skid marks, vehicle positions, and environmental conditions.

Gathering witness statements is another pivotal element of the investigation process. Witnesses can provide firsthand accounts that may corroborate details about the property’s condition or the accident sequence, which are crucial for constructing a comprehensive picture of the event.

Reviewing property maintenance records also plays a crucial role. These records can indicate whether the property owner regularly inspected and maintained the property, fulfilling their duty of care to prevent hazardous conditions. Any lapses in this duty can be crucial evidence of negligence.

Personal injury lawyers are integral to this process, bringing their capability to bear in navigating the legal complexities and procedural requirements of such cases.

Personal Injury Attorneys for Premises Liability Claims

At Craig Swapp & Associates, our team of dedicated personal injury lawyers understands the complexities of premises liability accidents. We are committed to providing vigorous representation to ensure our clients receive the compensation they deserve. If you or a loved one has been involved in a parking lot accident or any property owner liability for vehicle accidents, contact us or fill out our online form for a free consultation and to explore your options for justice and compensation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp