Who Is Liable After a Private Security Guard Causes a Traffic Accident?

October 20, 2025

Dennis Hernandez

Private security guards are commonly responsible for keeping order at events, commercial and construction complexes and are frequently seen directing traffic through busy intersections or parking lots. But what if they mess up? If you are harmed in an accident involving a private security traffic accident Florida residents occasionally file, you need to know your legal options to pursue compensation. We recover millions and millions more for persons hurt as a result of other people’s actions at Dennis Hernandez Injury Attorneys. We fight to get you compensated!

Why Are Security Guards Directing Traffic in the First Place?

Private businesses frequently hire security guards to assist manage high-traffic areas. Law enforcement officers may be overburdened or too expensive, so companies and event operators enlist third-party security contractors. These guards are not typically sworn officers but are situated in hazardous and high-traffic intersection conditions. They are frequently placed at entry and exit points of a property to guide automobiles, redistribute traffic, or assist pedestrians. Nonetheless, one error, like a misinterpreted hand gesture or verbal instruction, may easily result in severe injuries.

How Can a Private Security Guard Cause a Crash?

There are many methods that negligent traffic direction can cause a traffic accident and possible death. This includes:

Improper signaling: directing several automobiles to all enter a typical lane.
Lack of visibility: standing in the dark while not wearing reflectors or possessing a light source.
Inadequate training: managing an excessive number of people or vehicles.
Fatigue or inattention: becoming distracted when in a stressful environment while working long hours

Any of these behaviors may be grounds for plus a negligent traffic direction injury claim unless what the guard did fell below standard operating standards.

Who Can Be Held Liable in These Situations?

Florida state law permits people injured in an accident caused by someone’s carelessness to file a claim against the at-fault party. In the instance of private security traffic accidents, this might signify:

The Security Guard

If the guard was negligent in their capacity as a human being — like providing unsafe directions or not watching for traffic — then that person could be responsible. But they are typically insured by the employer.

The Security Company

Employers must make a point of properly training their workforce. ‘If corporation did not, at same time making the assignment of its guards for such traffic control work, see that they were prepared to perform such duties in a proper manner then it can be held responsible under doctrine of respondeat superior.

The Organizer or Property Owner

Liability in the New Norm If you find the security firm was not competent, or if the hiring party provided inappropriate traffic instructions, they too may share in some liability.

What Legal Standards Apply to These Claims?

Negligence Miami Florida Statute §768.28 provides the structure for Miami negligence claims, and plaintiffs must show:

The defendant owed a duty of care.
The duty was breached.
The breach caused the injury.
The injury led to damages.

For traffic direction cases the duty is obvious: guards and companies have a duty to manage vehicular and pedestrian movement safely. A breakdown happens when a guard makes an unfair mistake — like waving a driver into opposition traffic.

What Role Does Insurance Play in a Private Security Crash?

Florida is a no-fault state, which means that PIP coverage is available for the accident regardless of who was at fault. According to Florida Statute §627.736, motorists are required to maintain at least $10,000 in PIP coverage for medical expenses and lost income.

But PIP may not be enough to cover the full cost of serious injuries. That’s when your personal injury lawyer will look into the possibility of third-party liability insurance offered by these entities:

The security firm
The premises owner or organizer
Drivers from other vehicles involved in the crash

These policies may provide higher coverage limits, particularly if there is a catastrophic injury or fatalities.

What Should You Do Immediately After the Accident?

If you are injured as a result of the actions of a security guard, do the following:

Call 911: You are required to report the incident and request emergency help if necessary
Record the scene: Take pictures of traffic patterns, lighting and signage
Obtain contact information: Get the name of the guard, the security company and potential witnesses
Get medical help: Even if you feel okay, some things take time to develop
Avoid giving statements: Do not speak about blame with the insurance adjuster or security personnel until speaking with an attorney

Each of these will contribute to establishing the basis for your negligent traffic direction injury claim.

Can a Personal Injury Attorney Help?

Absolutely. An experienced personal injury lawyer will evaluate your case, look into all potential responsible entities and fight tooth and nail for you to receive the full amount owed. At Dennis Hernandez and Associates, P.A., we have decades of experience with challenging liability claims— including those related to third-party security guards.

We help clients by:

Obtaining security company training records
Interviewing witnesses and gathering footage
Filing timely legal complaints
Negotiating high-value settlements
Trials when that is what it takes to win your case

We fight to get you paid!

What Types of Compensation Might Be Available?

If you are able to settle your injury claim, you could be awarded:

Emergency medical care and continuing treatment in future
Rehabilitation or physical therapy
Wage loss or diminished earning capacity
Pain and suffering
Vehicle repair or replacement
Permanent disability damages
Punitive damages (if there is proof of gross negligence, under Florida Statute §768.72)

Are There Any Real-Life Cases Involving Private Security and Traffic Crashes?

Yes. One particularly notable example involved a private security company that was contracted to manage traffic control after a popular music festival. A guard negligently waved multiple cars into a merging lane, causing a multi-vehicle collision. The plaintiff-whose husband was assaulted- brought a suit against the employer based on respondeat superior and negligent hiring. A lower court sided with the injured man, concluding that both the organizer and their security firm were responsible for not training the guard to navigate large crowds.

How Long Do You Have to File a Claim?

Pursuant to the 2023 amendment of Florida Statute §95.11(4) as per the most personal injury laws, actionable claims based on negligence must be filed within two years from the date of accident. That’s why you have to make sure that you speak with a personal injury lawyer quickly, so your legal rights can be maintained.

Waiting only increases the chance that evidence will be lost, witnesses unavailable or a legal deadline will expire — any of which could have disastrous consequences for your case.

Why Choose Dennis Hernandez Injury Attorneys?

We have decades of combined experience in representing victims of negligence throughout Florida. Whether you have distracted driving, an event promoter who operated negligently, or issues with a private traffic control security company in Florida that most people never hear about, we have the resources and tenacity to seek compensation for your loss.

We have recovered millions and millions, and take each case as seriously when it comes to giving our clients the attention they deserve. We do not back down from insurance companies or corporations that attempt to shirk responsibility.

And don’t forget: We fight for you to get paid!