Backover Accidents

A “backover” accident is just what it sounds like: a tragedy that occurs when a driver backs up a vehicle and runs over a pedestrian. Every vehicle has blind spots that can contribute to backover accidents. Rearview cameras can help, but they are still the exception rather than the rule, even in newer vehicles. If you or a loved one has been involved in a backover accident, you should know your legal rights. The experienced Pembroke Pines car accident lawyers at Cohn & Smith can help you understand the laws that apply to these cases and guide you through the process of filing a claim for damages against the responsible driver.

Backover accidents can happen anywhere and to anyone. However, they most commonly involve young children and occur most often in driveways and parking lots. It is estimated that nearly 300 fatalities and over 15,000 injuries occur annually in the U.S. as a result of backover accidents. Senior citizens are also vulnerable to backover accidents while walking through their neighborhoods for exercise or in a parking lot at the grocery store or shopping mall. Common injuries in backover accidents include fractures, lacerations, contusions, concussions, traumatic brain injuries, and paralysis.

Like many other so-called “accidents,” backover accidents are usually preventable. Drivers – especially people who operate larger vehicles such as trucks, SUVs, and vans – should always check carefully before backing up, especially if a young child or older adult is in the area. Unfortunately, many drivers fail to take proper precautions because they are in a rush, are distracted, or are simply careless. Whenever a driver fails to exercise the level of caution that a reasonably prudent person would have exhibited under the same or similar circumstances, he or she may be held liable in a negligence lawsuit if his or her actions caused harm to another person and resulted in quantifiable damages. 
In negligence cases, the burden is on the plaintiff (the person filing suit) to prove four elements: duty, breach of duty, causation, and damages. Each element must be proven by a preponderance of the evidence, which requires merely that the plaintiff’s version of events is more likely than not to be true. Any incident of carelessness can constitute a breach of the duty of care that every driver owes to those who are in the vicinity of their vehicle. The victim would need to show that he or she likely would not have been hurt if the driver had taken reasonable precautions when operating the vehicle and that the backover accident was a foreseeable result of the driver’s careless behavior.

Retaining a knowledgeable personal injury attorney as soon as possible after a backover accident can substantially increase the likelihood of a fair settlement or judgment later. Without an attorney, it is very difficult for the family of the injured person to properly investigate the accident, and vital evidence can easily slip away if it is not appropriately preserved.

There are many complex considerations in accident cases, and a wide range of damages may be sought. It is important to pursue compensation for the full extent of the harm that you have suffered and will suffer in the future. The Pembroke Pines attorneys at Cohn & Smith are here to assist your family and you as you explore your legal options following a backover accident. For a free and confidential case consultation with a motor vehicle collision attorney, call us at (954) 431-8100 or contact us online and set up an appointment at your convenience. We represent victims in many areas of South Florida, including Fort Lauderdale, Davie, Hollywood, Sunrise, Weston, Coral Springs, Tamarac, Aventura, Pompano Beach, and communities throughout North Dade County.