Vehicle Back-up and Backover Accidents
A vehicle back-up or backover accident occurs when a driver backs up his/her vehicle and unintentionally hits a pedestrian located behind the vehicle, resulting in injury or death. Typically, these accidents involve children under the age of 14, since they are often too small to be seen in a driver’s rearview or side mirrors. Accidents occur most frequently in driveways and parking lots, and drivers are often neighbors or relatives.
The June 2009 issue of NHTSA’s “Crash*Stats” summarizes the scope of the problem. According to the report, there were approximately 262 fatalities and 115,000 injuries to children 14 and younger from non-traffic/non-crash motor vehicle accidents in 2007. Almost half of the fatalities resulted from a backover accident.
Tennessee backover accidents are almost entirely preventable, provided drivers abide by their duty to keep a proper lookout. A good rule of thumb for Tennessee drivers is to always assume children could be present and to check the street, driveway and area around the vehicle before backing up. Failure to adhere to this general rule may expose the careless driver to liability should an unfortunate accident result. In fact, Tennessee law requires drivers to exercise reasonable care while operating a motor vehicle, including maintaining a careful lookout for children while backing up.
The level of care owed varies based on circumstance. SUVs and other large vehicles, for instance, have larger blind spots than smaller vehicles, therefore, operators of these vehicles should take extra precautions to prevent a possible backover accident. These precautions may include rolling down windows to listen for children and backing the vehicle up extra slowly.
The duty to keep a proper lookout is especially evident where children are known to be present, such as in a grocery store parking lot or in a neighborhood driveway. Failure to proceed with caution when children are present is a negligent act for which the careless driver can be liable.
If your child was involved in a vehicle backup accident, consult with an experienced TN personal injury attorney as soon as possible to learn about your legal rights. A personal injury attorney can work with you to ensure that your child’s medical bills are paid for and that he/she receives just compensation for whatever else he/she has lost as a result of the driver’s careless driving. Parents of the child may also be entitled to compensation. Dial 866-853-2888 to learn more.
The attorneys at Baker Associates handle all types of motor vehicle accident claims. With offices in Sevierville and Knoxville, they will work aggressively to ensure that you receive the compensation you and your loved one deserves. Call now to schedule a free, initial consultation with one of our friendly, experienced and knowledgeable motor vehicle accident attorneys.
Sources reports: http://www-nrd.nhtsa.dot.gov/Pubs/811116.PDF; http://www.nhtsa.dot.gov/people/injury/pedbimot/ped/BackoversTry2/
