Children at Play: Driveway Backover Accidents

Thousands of children are killed or seriously injured every year in the United States in backover car accidents. A backover accident is a type of car crash that happens when a driver who is moving his or her vehicle in reverse strikes or otherwise comes into contact with another person or vehicle. These accidents generally result in injuries to the individual who is struck by the backing car. And in most cases, the victims are young children. Child backover car accidents take place mainly in driveways and parking lots.

Backover Car Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), every week approximately fifty children are backed over by cars in the US because a driver could not see them. Of these fifty, at least two prove to be fatal. The reason for this is that more than 60% of backover crashes involve a large vehicle, such as a pickup truck, van or SUV. 

Even more alarming is that in 70% of these types of motor vehicle crashes, the driver is either a parent or a relative. And unfortunately, most victims of backover accidents are children ranging from 12 to 23 months old. This statistic should be a shock since vehicle collisions are a leading cause of death for children under the age of 13.

Who Is At Fault For A Child Backover Accident?

Liability is not always clear in a driveway backover accident. These accidents generally happen when children are playing in the driveway, behind a car. Sometimes the driver is a relative, friend, or neighbor who just didn’t expect a child to be sitting down in the middle of their driveway when they decided to back out. Regardless of how these accidents happen, liability may not be clear cut as different situations can lead to some unexpected results.

Although almost invariably a driver is liable for a backover accident, in some cases homeowners can also be held liable. In cases where children are playing in and around a car, and one child causes the car to backover another child, the individual who was watching the children, or the person who owns the vehicle and property, can be found liable.  In such a fact pattern, although the resulting injuries may fall outside the scope of a car insurance policy, it could still fit within a homeowner’s insurance policy.

How to Prevent Child Backover Accidents

Although there is no effective way to completely prevent any type of car crash, you can significantly reduce the rate of collisions by taking certain steps and implementing safety measures – especially in backover accidents.

One of the safest ways to prevent a child backover car accident is to install a backup camera. Backup cameras can be installed on any car. In 2018, this important safety measure came to reality when the NHTSA finally published a ruling that mandated all new cars sold in the United States to come equipped with a backup camera. 

However, it is important to note that just because your car has a backup camera, you should not solely rely on it when backing up your car. You should still physically look back and look in your rearview mirror to make sure no one is in your way.

Other safety tips that are necessary for preventing and/or reducing child backover accidents include:

• Being aware of where your children are at all times when outside the house.
• Making sure children are supervised by an adult if they are not in the car with you.
• Instilling the dangers of standing behind a parked car in your children from an early age.

Common Mistakes Made by Drivers or Parents of Children that Caused Child Backover Accidents

The truth of the matter is that you cannot avoid hitting something you literally cannot see. However, just because you cannot see something, it does not mean it’s not there, especially a child. And if you back up your car and crash into the individual, you will be liable for any resulting injuries and/or fatality.

Below are some common mistakes made by drivers or parents of children that result in child backover crashes:

• Most drivers are unaware of the very large, dangerous blind zone that is found behind ALL vehicles.
• Children do not understand the danger of a slow-moving vehicle and most parents fail to make their children aware of this danger.
• Children do not recognize boundaries (property lines, sidewalks, driveways or parking spaces) and are very impulsive.

Why You Should Hire a Driveway Backover Accident Attorney

As common as driveway backover accidents are, they are often complicated and not as easy as other types of vehicle accidents in getting the full compensation the victims deserve. As such, if your child or a loved one was injured in a driveway backover car accident, it is imperative that you immediately seek the assistance of an experienced Orange County backover accident attorney to protect the legal rights of your loved one and get the maximum coverage you and your injured child deserve. 

With the help of an attorney, you may be entitled to compensation for:

• Past and future medical bills
• Loss of income
• Pain and suffering
• Burial and funeral expenses
• Emotional and mental trauma

It is also important to note that there is a time frame of typically two years from the date of an accident during which you have to either resolve your claim or file a lawsuit. As such, you should hire an attorney as soon as possible. The immediate hiring of an attorney is also important in making sure a timely investigation is conducted so as to prevent the loss of important evidence and/or information.

Contact an Experienced Orange County Child Backover Accident Attorney

If your child has been injured or killed in a child backover car accident caused by the negligence of another party, you should discuss your legal options with a personal injury lawyer as you and your child may be entitled to compensation. 

The Orange County child backover accident attorneys at the Law Offices of Samer Habbas & Associates advocate for their clients’ full financial recovery through hard work and an aggressive approach. For more information or to schedule a complimentary consultation with one of our attorneys, please call 888-848-5084.