Backover Accidents

According to the Insurance Institute for Highway Safety, backover accidents account for approximately 300 deaths on an annual basis, and approximately 18,000 injuries nationwide. Unfortunately, these accidents most tend to affect seniors and small children, who can suffer fatal or life-changing harm.

When a motorist is backing up, it is expected that they will check behind them, including checking their blind spots. Today, many vehicles also have cameras and sensors to ensure the way is clear. If a motorist causes injury to you or a family member because they were negligent when backing up, you may have a legal claim and may be able to seek compensation for your losses, including pain and suffering, medical bills, lost income, and more. To find out what options you may have for recovering this compensation, contact The Law Office of Mark A. Siesel if you’ve been injured. Whether you’re in Westchester County, New York, Putnam County, Dutchess County, or surrounding areas, we’re pleased to offer a free consultation so you can find out more without making a costly commitment.

What Are Backover Accidents?

A backover accident is generally defined as an accident as the result of a driver backing his vehicle into a pedestrian or bicyclist. For the most part, these accidents happen when the operator of a motor vehicle is attempting to pull out of a parking space or is exiting a driveway.

Often, backover accidents occur at low speeds. Pickup trucks and SUV’s tend to be involved in these accidents more frequently due to the fact that they are higher off of the ground and have more substantial blind spots where the operator cannot see someone (frequently small children) behind their vehicles. Research has found that, because they are higher off the ground and tend to have larger blind areas, pickup trucks and sport utility vehicles are more likely to be involved in backover accidents than are cars.

Because many backover accidents do not occur on roads or driveways, but rather parking lots and driveways, it is not as easy for governmental agencies to track these cases statistically. The National Highway Traffic Safety Administration estimates that approximately two thirds of the accidents which cause injury occur in parking lots or driveways, and approximately 40% of deaths occur in these same locations.

The two age groups most affected by backover accidents are small children and the elderly. Small children are often not visualized by the driver (even if the drivers are looking in their rear view mirrors or viewing a rear camera) when going in reverse. The elderly often don’t see the vehicle coming at them, or are not agile enough to get out of the path of the car in time. Those two age groups represent the largest percentages of victims of backover accidents. Of the approximately 300 deaths annually in backover collisions, 35% are infants under the age of five. More than 25% of fatalities were individuals aged 70 or older. Almost one third of injuries in backover accident are suffered by infants less than five years old or the elderly.

What Can a Backover Accident Attorney Do?

In a backover accident, the victim is likely to suffer severe injury because a car or SUV is backing up into a pedestrian or bicyclist who doesn’t enjoy the protective benefits of a vehicle. Victims in these accidents can suffer head injuries, internal injuries, spinal cord trauma, contusions, fractures, and other serious injuries that could require hospital stays, ongoing treatment, and surgery. Permanent injury in these cases can necessitate a lifetime of additional medical treatment and personal care.

Adults injured in backover accidents may lose work time and therefore income because of their injuries. They may also suffer property loss, such as damage to their cell phone or other personal items they were carrying at the time of the accident.

For seniors and small children, the outcomes can be even more devastating. Seniors may have pre-existing conditions, such as osteoarthritis or osteoporosis, which can put them at risk of hip fractures and complex fractures that may take a long time to heal. Seniors may require expensive care in hospital or at an assisted living facility after such an accident, losing their independence. Children who suffer a permanent injury may need extra support at school and may face a lifetime of increased insurance costs, more complex medical needs, and reduced earning capacity—all before they have even had a chance to enter the workforce.

While injuries in a backover accident are ultimately a medical event, they are also a financial consideration. Without adequate compensation, you may end up having to pay the many costs you face from your own savings, or you may feel you have to compromise your treatment because of the expense. A lawyer’s job is to aggressively pursue compensation for you, if you qualify, so you can pay your bills and start rebuilding after an accident.

Your attorney will investigate the accident. In backover accidents, the driver is often considered to be at fault, but there may be other liable parties, too. For example, some vehicles have large blind spots or have design features that make it hard to see behind the car. If there are multiple backover accidents reported with the same make and model of vehicle, this can help establish that the manufacturer may have been liable in your injuries. If a specific parking lot has had multiple backover accidents due to poor lighting or design, you may have a property premises case. Finding all liable parties can help you pursue fair compensation. The Law Office of Mark A. Siesel works with engineers, investigators, expert witnesses, and other professionals to thoroughly investigate your accident and to find all liable parties.

Your attorney will also file a claim for you, if you decide that’s the way to proceed. Your lawyer will take care of the paperwork, meeting deadlines, and negotiating with defendants and their attorneys. Through it all, your attorney should keep you informed about the status of your case. Should your lawyer not be able to reach a settlement, he or she may decide to take your case to trail. It is important to work with a lawyer who has experience in the courtroom and who is known for being willing to take cases all the way to trial, if needed. When defendants know that a lawyer is unwilling to accept lowball offers, defendants and their attorneys may present fairer settlement offers to prevent a trial.

Contact The Law Office of Mark A. Siesel If You’re Injured

At The Law Office of Mark A. Siesel, with offices in White Plains and Peekskill, New York, we have represented the victims of all varieties of car crashes, bus and truck accidents, and motorcycle accidents since 1986. Our experienced and dedicated litigators know that in backover accidents, these are often devastating and sensitive cases, due to the fact that so many of the victims of these tragic accidents are small children.

We have the requisite background and experience to successfully prosecute backover accident cases from their inception through the conclusion of the matter, by settlement, alternative dispute resolution (mediation or arbitration), or verdict. When the victim of the backover accident is a child, this frequently involves additional proceedings with the Court known as an “infant compromise”, which requires an additional level of preparation so that the presiding Judge will approve the settlement if the case is resolved prior to trial. Our litigators have resolved a wide variety of these cases for well over 38 years.

Our clients appreciate the way we provide honest evaluations of their case and the way we treat every client with dignity. When you work with us, you’re kept updated about your case and your case always gets personalized attention. Your phone calls and emails get replies promptly, so you always know what is going on and have the peace of mind that comes with knowing we’re on your side.

If you or a loved one has suffered injuries in a backover accident, or any motor vehicle accident, contact our office online for a free consultation to discuss your case in detail.