Do Traffic Regulations apply on Private Property?

The province of Ontario has a unique provision in its laws that states that a person cannot be charged with a driving infraction if that infraction occurs on private property or in a government parking lot. Only if the driver commits a crime, such as driving while impaired, can a person be charged with an offence by the police. Ontario traffic regulations apply only to public roads and highways. According to Ontario's Highway Traffic Act, public roads and highways are defined as any common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles.

Ontario's most heavily trafficked private properties are privately owned parking lots (particularly shopping mall lots), multi-level parking garages, and municipal parking lots. Motor vehicle operators are generally immune from being charged with traffic infractions such as failing to observe a stop sign or failing to give the right of way, when operating a vehicle in these areas.

Insurance coverage for accidents on private property

When a car accident occurs on private property or in a parking lot, one of the first questions that comes to mind is whether or not your insurance company will cover your claim. The answer to that question is yes. Every insured driver in Ontario is covered by statutory accident benefits that apply whether or not they were at fault in causing an accident and regardless whether the accident occurred on a public or private road.

In an accident on a private road or parking lot, even though the driver hasn't violated the Highway Traffic Act and no charges will be laid, it is a good idea to call the police to come to the scene.  In fact, by law in Ontario, you must report any collision, whether on public or private property, if anyone was injured at the scene or if property damage (including damage to the car, road signs, and so on) exceeds $1000.  Another reason for notifying police is to document the incident in a police report, as this report may be required by your insurance company before it considers paying a claim.  Further, even if all vehicle occupants (or pedestrians and cyclists, if involved in the collision) initially feel that they were not hurt, if one or more individuals realizes that they suffered an injury, such as a concussion, back pain or whiplash, the next day or in the week following the accident, the police report will serve as important evidence for the collision if someone later decides to make an injury claim.

In terms of ascertaining who might at fault for insurance purposes in a parking lot collision, there are a few guidelines that insurance generally companies use.

• A driver in a thoroughfare (a lane that directly exits onto a road or highway) has the right of way over a driver in a feeder lane.
• You must follow all signs in the parking lot.
• When a driver exits a parking space, they must yield to oncoming traffic.
• If your vehicle collides with a legally parked car, you are automatically at fault.
• If your vehicle hits the open door of a car, the driver who opened the door is at fault.

Who can be held Liable for a Collision?

Property owners can sometimes be held liable for motor vehicle accidents that occur on their property. The most common private property that is open to the public for motor vehicle traffic is parking lots, parking garages, and private, shared roads (such as cottage roads). If it can be shown that the property owner/manager (either private or municipal) failed to maintain the property in a reasonably safe manner and that negligence led to the accident, the property owner could share in the responsibility for your damages. Examples of responsibilities one would reasonably expect of a property owner are: to promptly plow the lot after a snowfall; fix icy conditions; ensure sure that there are no blind spots or excessively sharp turns (in a parking garage); and repair dangerous potholes or erect signage to warn of the danger.  The general expectation is that the owner/occupier of the road or parking lot must fix any dangerous conditions in a reasonable time. A parking lot or parking garage owner also has a duty to inform the public of any driving safety hazard that may exist, and to provide adequate lighting for the area at night.

Drivers in parking lots have the responsibility to operate their motor vehicles in a safe manner as if they were driving on a public road. While you may not be charged with a traffic infraction in the event of a parking lot accident, a person who recklessly operates their vehicle and causes injury to others can be charged with an offence. Further, if someone is seriously injured because a driver was in violation of a criminal law, such as dangerous operation of a motor vehicle or impaired driving, the injured person has the legal right to sue the at fault driver for damages. ‘Damages’ refers to the losses in a civil claim, and may include loss of income, medical and rehabilitation expenses, family expenses, pain and suffering, and other losses that may have arisen due to an accidental injury.

If you were injured in a private or municipal parking lot, or on private property, call Injury Lawyers of Ontario to find out about your legal right to compensation.   

Sources: http://www.theglobeandmail.com/globe-drive/culture/commuting/why-dont-traffic-laws-apply-on-private-property-in-ontario/article28485848/