Backover accidents happen when drivers back their car or SUV into a pedestrian or bicyclist. These accidents usually occur when a driver is backing out of a parking spot or driveway. Even though backover accidents happen at low speeds, the victims, who are often small children or elderly people, may suffer catastrophic or fatal injuries. If you were injured or a loved one was killed while a driver was backing up and you suspect the driver was negligent, you should call the seasoned Syracuse car accident attorneys of DeFrancisco & Falgiatano.Backover Accidents
Backover accidents can cause injuries to a pedestrian, motorcyclist, or bicyclist. In most cases, drivers in a large vehicle accidentally back into someone because they did not check the blind spots behind and around their vehicle. Even when a vehicle is backing up slowly, the force of the collision can result in death.
New York State Vehicle and Traffic Law section 1211 mandates that a driver can’t back up unless the movement can be made with safety and without interfering with other traffic. Additionally, the driver of a vehicle shouldn’t back up onto any shoulder or road of a controlled-access highway. The driver of a motor vehicle that is involved in retail sales of frozen desserts should not back the vehicle to make or try to make a sale.
Most people don’t have enough money saved to cover the medical expenses and other losses associated with catastrophic injuries. When a driver fails to check blind spots before backing up, an accident victim may be able to bring a lawsuit for damages.Liability
To establish a claim for negligence, an injured plaintiff needs to prove it’s more likely than not: (1) the defendant owed the plaintiff a duty to use reasonable care when backing up, (2) the defendant departed from the duty to use reasonable care, (3) this departure caused injuries, and (4) actual damages. For example, if you were walking through a cul-de-sac and a driver strikes you while exiting his driveway, you may be able to establish negligence if he was texting and failed to notice pedestrians passing on the sidewalk.
It may be appropriate to assert negligence per se if the driver violated a state or federal statute. You will need to prove: (1) a defendant’s act or failure to act legally caused the injury and (2) you were in the class of people that was protected by the specific statute.Comparative Negligence
In New York, your damages may be reduced by an amount equal to your percentage of fault. The jury will determine the damages and assign percentages of fault each party. For instance, if the total damages are $200,000 and you are 25% at fault, you will be responsible for $50,000 of your own damages. You may be able to recover $150,000 from the defendant driver.Damages
If you can establish liability in a backover accident in which you were injured or a loved one was killed, your lawyer may be able to recover compensatory damages on your behalf. In a personal injury lawsuit, these damages are intended to put you back in the position you would have been in had you not gotten injured. They could include medical bills, lost wages, loss of enjoyment, loss of consortium, pain and suffering, replacement services, and out-of-pocket costs. It may be appropriate to bring a wrongful death lawsuit for your pecuniary losses if a loved one was killed in a backover accident.Retain an Experienced Syracuse Attorney
If you are injured in a Syracuse backover accident, you should discuss whether you have a viable claim with our seasoned lawyers. We represent accident victims across upstate New York in Auburn, Rochester, Watertown, Lowville, Oswego, Canandaigua, Wampsville, Ithaca, Lyons, Oneida, Cooperstown, Utica, Elmira, Herkimer, and Binghamton. Complete DeFrancisco & Falgiatano’s online form or call us at 315-479-9000.