Accidents that occur in or near private driveways can create complicated legal situations. This is why it is so important to contact an experienced attorney to help determine whether or not you have a personal injury case, and help you build the strongest case possible in your favor.
If you are injured in a private driveway, you may have the right to take legal action against the owner of the property. However, the specific details of the incident play an important role in whether or not the property owner is legally responsible and whether or not you are entitled to damages.
For instance, if you are backing out of a private driveway in a vehicle, you are responsible for anything that occurs while your vehicle is in motion, unless there are extenuating circumstances.
According to New York Code – Section 1211:
“Limitations on backing; (a) the driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. (b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. (c) The driver of a motor vehicle engaged in retail sales of frozen desserts as that term is defined in subdivision thirty-seven of section three hundred seventy-five of this chapter directly to pedestrians shall not back the same to make or attempt to make a sale.”
What If I Was a Pedestrian?
If you were injured in a driveway as a pedestrian, chances are good someone else will be held legally responsible for your injuries. Depending on the circumstances, both the property owner and the driver of any vehicles involved could be responsible (assuming you were hit by a vehicle). If you were invited onto the property and then injured because of unsafe conditions, the property owner is responsible for maintaining the driveway.
Though it might seem obvious that you were injured through no fault of your own, insurance companies go to great lengths to prove otherwise. This is why it’s important to have an attorney working to protect your rights. If you are involved in an accident in a private driveway in New York, contact the experienced personal injury attorneys at Law Offices of ELAN WURTZEL, P.C.