Many Arizonans believe the police have no authority over traffic accidents that occur on private property and that if they have an accident in a shopping center parking lot, they are on their own. This is not true.
Although the authority of the police to issue citations for violations of the law on private property is limited, it is a mistake to believe and act as if they have no authority.
For example, the police may cite or arrest drivers who fail to stop after being involved in an accident, no matter where the accident occurs and whether or not there are personal injuries.
Arizona law requires a person to stop after an accident if anyone was injured or killed, or if any property was damaged. Property is not limited to vehicles; it includes any other object.
After stopping, a person must give reasonable assistance to anyone who was injured in the accident. Failure to do so can result in a citation or arrest, even when the accident and injury occurred on private property.
Failure to stop after an accident in which someone was injured is a felony in Arizona. If the accident was limited to property damage, the failure to stop is a misdemeanor.
Even with accidents occurring on private property, the police always should be called if someone is injured or if there is substantial damage to property, including vehicles.
The police will ensure that the proper exchange of information occurs between all the parties involved. In addition, they can determine whether any of the parties wer driving under the influence of alcohol or drugs or whether reckless driving occurred. Driving while intoxicated and reckless driving are two other violations of Arizona law that also can be enforced on private property.
The police officers probably will not make an official accident report. Their legal duty to make private property accident reports is unclear, and most police departments in the state rarely do it.
For this reason, it is especially important that you obtain the names, addresses and telephone numbers of all parties and witnesses to any private-property accident in which you may have been involved, especially if there is a personal injury.
As with all other accidents, make an immediate report to your automobile insurance carrier. |
