Many drivers assume that car accident laws only apply on public roads and highways. However, a sizeable portion of motor vehicle crashes happen on private property, such as:
- Parking lots at shopping centers or grocery stores
- Apartment or condominium parking areas
- Private residential driveways
- Office complexes or business properties
- Hotel or restaurant parking areas
- Parking garages or underground lots
Although these areas are privately owned, drivers still have a duty to operate their vehicles safely and follow traffic rules.
If you were involved in a car accident on private property in Illinois, you may still have the right to pursue compensation from the at-fault driver.  Contact our St. Charles car accident attorneys to discuss your legal options. Schedule your free consultation today.
Illinois Is an At-Fault State for Auto Accidents
Illinois follows an at-fault system for car accidents. This means the driver who caused the crash is generally responsible for paying the damages resulting from the accident. This principle applies even when the collision occurs on private property. If a driver negligently causes an accident, they may be held liable for the injuries and losses that result.Â
In such situations, you can typically pursue compensation by filing a claim with the at-fault driver’s insurance company. If the insurance company disputes liability or refuses to offer a fair settlement, you may be entitled to file a personal injury lawsuit and seek damages in court.
Illinois also follows a modified comparative negligence rule for cases involving more than one at-fault party, including scenarios where a victim contributes to a crash. However, as long as you are not more than 50 percent at fault, you can still recover compensation; your award will merely be reduced by your percentage of responsibility.
The Property Owner May Share Fault
In some situations, the owner or manager of the private property where the accident occurred may also share liability for the crash. Property owners have a legal duty to maintain reasonably safe conditions for visitors.
If a dangerous condition on the property contributed to the crash, the property owner could potentially be partially liable. Examples of hazardous conditions that might result in premises liability include:
- Poor lighting in parking areas
- Missing or unclear traffic signage
- Broken pavement or potholes
- Obstructed visibility due to landscaping or structures
- Poorly designed traffic flow patterns
In most cases, an at-fault driver will be primarily responsible for your damages. However, a property owner may be liable for a portion of your damages based on their negligence in allowing dangerous conditions to persist.
Types of Compensation You Can Recover After a Car Accident on Private Property
If you were injured in a car accident on private property in Illinois, you may be entitled to seek compensation for the losses you have suffered. Depending on the circumstances of the accident, your injury damages in St. Charles may include:
- Medical expensesÂ
- Physical therapy and rehabilitation costs
- Lost wages if your injuries prevent you from working
- Reduced earning capacity
- Property damage to your vehicle
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
An experienced St. Charles injury attorney who specializes in car accidents can help you identify all your damages and seek full compensation from the driver who caused the crash. If you were injured in a car accident on private property in Illinois, contact Feagans Law Group for help understanding your rights and determining the best path forward. Schedule your free initial consultation today.