If someone causes an accident, they are at fault. They must pay for the damage and injuries. Pretty simple. If they don't cause an accident, they have no one to pay for damages or injuries, and therefore, it is a non-event and not a crime.
And, yes, in a stateless society all roads would in some way be private (although, many people might form a coop to build and maintain a road), and the owners would have final say over what can and cannot be done on the road.
If you don't like what the owners of the property (the road) say you may do on their property, you can go somewhere else. If you don't, you are then trespassing.
Private property rights. Non-aggression principle. No victim, No crime.
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