A backover accident happens when a vehicle reverses and collides with another vehicle, pedestrian, bicyclist, or motorcyclist. In many instances, backover accidents involve pedestrians, including small children who may be hard to notice in a rear-view mirror. While many backover accidents involve slow speeds, there are certainly instances involving a high speed backover accident, which can be just as lethal as a highway collision or drunk driving accident. If you or a loved one have suffered injuries as the result of a backover accident, experienced and compassionate Naples car collision lawyer Adam Baron is ready to assist you.Asserting your Rights after a Backover Accident
The first step to recovering compensation following a backover accident is to file a negligence claim against the responsible person. In a negligence claim, the plaintiff must demonstrate that the defendant owed a duty care, failed to act according to that duty of care, and that this failure was the direct cause of the injuries that the plaintiff sustained. The law requires each motorist to operate his or her vehicle with the same level of skill and care that a prudent and reasonable driver would use faced with a similar situation. This includes ensuring that the path is clear before engaging the vehicle and being alert for any pedestrians, obstructions, or other potentially dangerous conditions. According to the Insurance Institute for Highway Safety, pickup trucks and SUVs are more likely to be involved in a backover accident due to their large size and limited visibility, especially when it comes to accidents involving small children. Other research has shown that more than 85 percent of accidents involving injuries to young children occur when a family member or friend strikes a child while pulling out of the driveway.
When it comes to causation, the plaintiff must prove that the backover accident would not have happened but for the defendant’s negligence. Breaching the duty of care can occur for many reasons, including failure to pay attention, intoxicated driving, or engaging in distracted driving activities like talking on the phone, texting, or adjusting the radio. Under Florida law, a defendant has the opportunity to prove that the plaintiff contributed to his or her own injuries. If the defendant is successful in showing that the plaintiff was contributorily negligent, the jury is allowed to assign a percentage of fault to the plaintiff and any award in the plaintiff’s favor will be reduced by that percent. Finally, the plaintiff will need to offer evidence substantiating the amount of damages he or she is requesting, including medical expenses and wage-related expenses.Retain an Experienced and Dedicated Car Accident Lawyer in Naples
Backover accidents can lead to devastating accidents, especially if a young child is involved. At the Law Office of Adam Baron, Naples personal injury lawyer Adam Baron puts you and your family’s needs first, ensuring that you receive the compassionate and focused legal counsel that you deserve. We serve clients throughout Florida including Tamarac, Broward County, Miami-Dade County, Fort Myers, and Naples. We offer a free consultation so you have nothing to lose. Contact us online or call us at one of our regional office locations to set up your appointment now: Broward County: (954)-247-4878, Miami-Dade: (305) 770-2131, or Naples/Fort Myers (239) 352-5511.