The last place you thought you would be involved in a traffic collision is in your or another person’s driveway. Yet, this happens more often than you think. Driveway collisions may be slow-speed crashes, but they can still cause serious injuries, and even death when the victim is a pedestrian, cyclist, or child. Tragically, 50 children a week are backed over in driveways across the country, and in 70 percent of these cases the driver was a parent or relative, according to Kids and Cars. If you or a loved one were injured in a driveway crash, you need an experienced attorney on your side to represent your best interests and ensure that the negligent party pays for your considerable damages.
Backing Out—The Driver Needs to Check Twice
Pedestrians, cyclists, runners, children, and parents pushing strollers all understand the danger that comes with cars backing out of driveways and across sidewalks and bike lanes. Whether the driver was in a rush, they live on a turn, or the other road user (or sidewalk user) was moving quickly, such as a cyclist, runner, or another car occupant, the driver backing up has to yield the right of way. It is that driver’s responsibility to check twice or three times if necessary before starting to back up, and while they continue to back up as well. A driver cannot blame the injured victim for “rushing out” or “jumping out” in front of the reversing vehicle.
Don’t Blame it On the Back Up Camera, Blame the Driver For Not Turning Around and Looking Over Their Shoulder
Back-up cameras have been standard in all new vehicles since mid 2018, according to Car and Driver, and most new cars made in the previous decade were built with back-up cameras as well. Back-up cameras make it easier to see low objects, such as children, but they do not offer a full field of view from side to side—they only show what is directly behind and slightly off to the side of the car. If something is stationary behind the backing up vehicle, the camera, if it working properly and not obstructed by dirt or a trailer hitch, will reveal it. If the other object, such as a car or person, is moving perpendicularly to the backing up vehicle, the camera will not do any good.
Who is to Blame?
As discussed earlier, if one of the parties was backing up, chances are that they will be held accountable. Of course, speeding, alcohol, cell phone distraction, and reckless driving are all relevant factors as well. In addition to the other driver, homeowners can be held liable as well in some situations. In order to determine who was truly to blame, an attorney will have to conduct an investigation, talk to witnesses, and use any relevant police accident reports.
Our Orlando Driveway Injury Lawyers Can Help
Children, pedestrians, cyclists, and other drivers all deserve fair compensation for their injuries sustained in driveway injuries. If you or your loved one were backed over, or hit by a car that suddenly pulled into a driveway too fast, the Orlando personal injury lawyers at the Payer Law can help. Call us at 407-307-2979 to schedule a free consultation today.