Back-over accidents commonly occur in areas with high volumes of pedestrians, such as parking lots, ends of driveways on residential streets, and other places where views of sidewalks or people walking are not as clear. These types of accidents can lead to serious injuries, such as broken bones, crushing injuries, spinal or head trauma, and even fatalities. The Port St. Lucie car accident attorneys at Donaldson & Weston assist victims of back-over accidents with any necessary legal claims. Our firm offers seasoned legal guidance and is committed to making sure that people or entities responsible for a victim’s injuries or death are held accountable in court. If you or a loved one has been injured by a careless driver, contact our office today to find out more about your legal rights and options.Back-Over Accidents in Florida
Back-over accidents occur when a driver backs out of a driveway or parking space without taking proper care to look for a pedestrian. Nationwide, almost 300 victims are killed yearly due to back-over crashes. These accidents also account for approximately 18,000 injuries. These collisions are especially dangerous to children, as well as elderly individuals. Children under five years old account for 44 percent of the victims of back-over accidents, many occurring during holidays when children are playing outside and neighborhood traffic is heavier.
Also, a third of back-over collisions involve a victim who is over the age of 70. Senior drivers are also often causes of back-over accidents, and a study has indicated that people over the age of 75 are almost 20 percent more likely to be involved in a parking lot accident rather than a collision while on the road. Given Florida’s growing population of elderly individuals, more residents are likely to be involved in back-over accidents, as both drivers and victims.Holding Drivers Liable for Back-Over Accidents
Back-over accidents can involve pedestrians as well as bicyclists or other passers-by. Although generally these collisions occur at a low speed, the injuries that victims suffer are often severe. Making sure that victims receive proper compensation and that those responsible are held liable can be an important step in recovery. Back-over accidents are mostly caused by a driver’s negligence, or failure to exercise reasonable care when operating a vehicle.
Victims must prove negligence by showing that a driver breached their duty to act as a reasonable and prudent person under the circumstances, which caused the victim’s injuries and resulted in damages. For instance, a driver who is distracted by inputting directions into a navigational system while backing out of their driveway, and who thus fails to check the rearview mirror, may be seen as engaging in an unreasonable activity that would be a breach. A negligent driver can be held responsible for a victim’s past and future medical expenses, rehabilitation costs, lost income and earning capacity, and pain and suffering damages.
When a victim is killed as a result of a back-over accident, certain family members can file a claim under Florida’s Wrongful Death Act to receive compensation for the victim’s burial or funeral costs, loss of consortium, and other damages related to the death of a loved one. In Florida, accident victims have four years in which to file suit, while wrongful death claims must be pursued within two years of a victim’s death. Although the time following a serious motor vehicle collision is an emotional period, it is important to consult a knowledgeable attorney as soon as possible to ensure that your legal rights are preserved.Get Assistance from a Car Accident Lawyer in Port St. Lucie or Surrounding Cities
At Donaldson & Weston, we offer compassionate and zealous legal advocacy for victims and their families coping with the aftermath of a serious car accident. Our firm represents residents throughout Martin, St. Lucie, and Palm Beach Counties, including people in Stuart, West Palm Beach, and Jupiter. Our attorneys have represented accident victims for decades, and we are dedicated to ensuring that their focus remains on their recovery, while ours remains on the legal nuances of their claims. If you need legal advice following a motor vehicle collision, call our office today at (772) 266-5555 or contact us online to set up a no-cost, risk-free appointment and find out more about our services.