Backing up accidents are vehicle-pedestrian accidents wherein the driver runs over a person as they are backing up. These can happen in any situation where a driver is backing up, but they are most common when a person is backing up out of their own driveway. The majority of backing up accidents involve victims who are young children aged 1-2 years old. In many cases, the child victim is a neighbor or a close family relative (or even a child) of the driver.
Other situations or locations where backing up accidents can occur include:
- In parking lots, especially at retail centers
- Near senior care homes
- Near schools or day care centers
Backing up accidents can often involve very serious injuries, and in some cases, fatalities, especially where small children are involved.
Who can be Held Liable for a Backing Up Accident?
In many cases, a driver can be held liable for injuries or losses caused by a backing up accident. Liability may be proved based on proof of reckless driving or negligence. For instance, if a person is backing out of their parking space much too quickly, it is possible for them to be found liable for the accident. Another example is where the person fails to make reasonable checks of their surroundings before moving their backing their vehicle up.
In some cases, the manufacturer or producer of a vehicle may be held liable for a backing up accident. For example, if the car has a parking brake failure that causes the car to roll down a driveway, the manufacturer might be held liable under a defective product theory of law. Another example is where there is a malfunction with the gas pedal, causing the car to accelerate in reverse without the driver’s control.
What are the Legal Remedies for a Backing Up Accident Claim?
For cases involving a backing up accident, the legal remedies will likely be a monetary damages award. This will usually be sufficient to cover losses such as medical bills, hospital expenses, property damage, and other costs. In cases involving a wrongful death issue, other expenses may be compensated for as well.
Do I Need a Lawyer for Help with a Backing Up Accident Lawsuit?
Backing up accident lawsuits can be very complex and may require the assistance of a lawyer. You may need to hire a personal injury lawyer in your area if you need help with a claim. Your attorney can provide you with representation and guidance during the formal legal process.