Within an instant, driveways can become danger zones, particularly for small children. Every year, thousands of children are seriously injured because the driver backing up didn’t see them. Back-over tragedies change the lives of parents, families, neighbors, and communities forever.
Injuries sustained in driveway accidents are heartbreaking and life-changing. Especially if they are the result of recklessness or the negligence of others. If you’ve been involved in a car accident, knowing your rights is important to get the compensation you deserve.
How Do Driveway Accidents Occur?
Driveway accidents happen for various reasons, mainly due to a lack of attention.
The driver is momentarily distracted or oblivious to their surroundings: it might be a mobile phone, waving to a neighbor, a hanging tree limb, or a romping family pet.
That fleeting moment may cause the driver to lose track of a child, or a caregiver has allowed a child to slip into a blind spot.
Young children can quickly dart into the vehicle’s path and be momentarily out of sight as they reach for a toy, stumble, or run for a hug.
Occasionally, a child may play quietly behind or under a car – unnoticed.
There are also instances where children playing in a car accidentally put it into reverse, in which the vehicle backs up out of control and causes serious injuries. While less likely than other types of driveway accidents, these occur occasionally.
Driveway Dangers for Children
There are two main types of driveway accidents involving children: backovers by vehicles (often by a parent or relative) and injuries from children shifting parked cars into gear.
Children are the most common victims of driveway accidents. In 2020 alone, there were 54 deaths as a result of a driveway accident for children between the ages of 0-4 years old. Between 5 and 13, there were 13.
A study at a Pittsburgh hospital revealed that “the injury severity score (ISS) of children suffering driveway injuries was 10 – significantly higher than the average 6.77 ISS for all pediatric trauma patients.” 56% of the children sent to the hospital were admitted with broken bones or other musculoskeletal injuries.
While it’s impossible to control what other people are doing, informing your children early on to be aware of their surroundings (especially driveways) may protect them from serious injury due to someone else’s recklessness.
Understanding Driveway Accident Liability
Liability in driveway accidents isn’t straightforward and can involve several parties:
Driver Liability
Drivers are typically held liable in backover accidents, given their responsibility to be aware of their surroundings.
However, this liability can extend beyond personal injury claims, potentially leading to criminal charges such as reckless endangerment or vehicular manslaughter in the most tragic cases.
Homeowner Liability
In some cases, the homeowner may also be held liable. If a homeowner fails to deal with a dangerous situation or obstructed view on their property, they could face a premises liability lawsuit.
Liability in these situations can be complicated, and an experienced personal injury attorney should be consulted.
Backup Cameras
In 2018, it was announced that all new vehicles were required to have backup cameras installed. That said, even if you have a backup camera that works improperly, the driver is still responsible for the accident.
These additional safety features save lives but do not rely solely on them to prevent driveway accidents.
The Role of Insurance
Insurance plays a pivotal role in resolving driveway accident claims.
However, the interplay between auto insurance and homeowners insurance complicates matters.
While auto insurance typically covers vehicle operation accidents, homeowners’ insurance might cover incidents attributed to property conditions. Disputes between insurance providers over which policy applies can delay compensation for victims.
Understanding the nuances of your insurance policy and consulting with an insurance law expert is crucial in these situations.
What Can I Do to Avoid a Driveway Accident?
Driving safely around children should always be top of mind when getting into your car. Here are a few ‘common sense’ safety steps to avoid driveway accidents:
The Stop-and-Check Habit
Walk around your car before you get in – not only to check behind and underneath your vehicle but also to spot children who may be nearby. If kids are around, keep a visual track of them.
Don’t Rush
Back out slowly. Nothing is so important as putting a child at risk.
Double Check Your Surroundings
Children can dart seemingly out of nowhere. They can reach for a toy, stumble, or look for a goodbye hug. Always look twice.
Teach Your Children
When your kids are old enough to walk and talk, explain that they should never run after mommy or daddy when they leave or return home. And teach them not to play behind a car. Further, help them look after younger brothers and sisters near the driveway.
These simple safety steps reduce the likelihood of a great day becoming tragic. These precautions can avoid a tragedy and save a life.
Were You or Your Child Injured in a Driveway Accident? Contact FLT Law Today.
Claims for victims of driveway accidents are complex and frequently multi-dimensional, and insurance companies rely on professional adjusters to negotiate and fight driveway car accident claims.
You need a skilled attorney to protect your rights to deal with these professionals. The Attorneys at Friend, Levinson & Turner Law are knowledgeable and expert in representing those who are victims of the negligence or carelessness of others.
