What Is a Backover Accident?

When most people think of car accidents, they often think about a high-speed collision on a highway or a T-bone accident at an intersection. Though these accidents are, indeed, tragic, some of the most devastating accidents occur at low speeds, and they often occur in residential driveways and parking lots. These are backover accidents.

Backover accidents happen when a driver reverses their vehicle and hits a person who is behind the vehicle. Most often, the victims are children, though it's not uncommon for the victims of a backover accident to be elderly adults or pedestrians.

Understanding what causes these backover accidents, who is at fault, and the legal process involved is important to anyone who has been impacted by backover crashes.

Common Causes of Backover Accidents

Many backover accidents occur at low speed, and they often are associated with serious injuries. In general, they occur in residential driveways, apartment complex parking lots, school zones, daycare centers, commercial parking garages, and on construction sites.

The majority of backover accident victims are small children under the age of 5.

Here are some of the most common factors contributing to backover accidents:

1. Blind Zones Behind Vehicles

Every vehicle has a rear blind spot. This is the area located behind the car that the driver can't see using rearview mirrors or by turning their head. Large vehicles like SUVs, pickup trucks, and vans have very large blind spots. This makes them more prone to backover incidents.

2. Lack of Rear-View Cameras

Although rearview cameras are more common today than ever before, older vehicle models may not have these devices. If a driver can't see behind them and has limited visibility, they are more at risk of backing into someone.

3. Distracted Driving

Many accidents happen due to distracted driving, which leads to driver error. Distractions occur when drivers are distracted by their cell phones, the radio, a GPS system, or a conversation. In this case, the driver is not paying attention before backing out, and they won't see anyone behind them because they aren't looking.

4. Poor Visibility

Environmental factors like bad weather conditions, driving at night, or obstructed views (due to parked cars, hedges, or buildings) can reduce visibility and make it difficult for drivers to spot someone behind their vehicle.

5. Children’s Behavior

Children may not understand the risks of standing or playing behind vehicles. They are too small to be seen and may find themselves behind backing vehicles.

Who Is Liable in a Backover Accident?

In the majority of backover accidents, the driver is presumed to be at fault. It is the drivers responsibility to ensure they have a clear path before backing up to prevent accidents. However, many backover accidents are not cut and dry, and there may be other liable parties. These include:

1. The Owner of the Vehicle or the Employer

If the vehicle belongs to a commercial fleet, an employer, or a company, they can be held liable due to "vicarious liability." They have a responsibility to ensure the vehicles have safety features like backup cameras and the reverse "beep" sound that many are familiar with. Failure to do this can cause accidents.

2. Property Owners

Property owners might also hold liability in a backover accident if they driveway or parking lot creates a hazard. If there are no mirrors, if there is dim lighting, or even design flaws, it could contribute to a tragic accident.

3. Vehicle Manufacturers

There is also a possibility that the vehicle manufacturer could be held liable in a backover accident. If a reversing vehicle is lacking a working sensor or faulty camera, the manufacturer of these items may be held responsible.

What to Do After a Backover Accident

When a backover accident occurs, it can be shocking, and those involved may not know what to do.

The first step is to call 911. Emergency services should be on the scene, especially if the victim suffered injuries. Police on the scene can document the accident and the police report can be important evidence in lawsuits.

When possible, it's important to document the scene. Take photos, videos, and talk to witnesses. Witness statements are also important pieces of evidence.

Finally, it's always a good idea to contact an attorney. This is especially the case if there are serious or fatal injuries.

Legal Options for Victims and Families

Victims of backover accidents, or their surviving family members, might be entitled to compensation for their injuries or pain and suffering. Des Moines car accident law firms may advise that compensation can include the following:

• Medical expenses: Hospital bills, medical bills, surgery, rehabilitation

• Pain and suffering: Emotional trauma and physical pain

• Lost income: If the injured person is unable to work, they can recover lost wages

• Loss of consortium: For surviving spouses or parents

• Funeral and burial costs: In fatal accidents

Preventing Backover Accidents

While legal action is important after an accident, prevention is the key. Here are some safety measures drivers and families can take:

• Check behind the vehicle before reversing - Do a quick walk-around. A few extra seconds could save a life.

• Install or use rearview cameras and sensors - Take the time to check side mirrors, cameras, and move small objects in the way to improve visibility.

• Teach children about the dangers of driveways and parking lots - Children might not realize that playing behind a parked car can be dangerous.

• Supervise children closely in areas where cars may be reversing - When in parking lots, hold a child's hand and don't let them run around.

For families, childproofing the driveway with fencing or gates can also reduce the risk of accidents. It may also be a good idea to limit play areas to a front or back yard.

How Tom Fowler Law Can Help

Tom Fowler Law has built a strong reputation in Des Moines for helping injured Iowans secure justice and compensation. When it comes to backover accidents, the firm offers:

• Free consultations to evaluate the facts of your case

• Thorough investigations to uncover liability

• Negotiation with insurance companies

• Courtroom representation, if needed

• Compassionate support during a difficult time

With years of experience in personal injury law, Tom Fowler Law understands the serious consequences of backover accidents and fights for the rights of victims and their families. They can advise on questions like where do most backover accidents occur?

Conclusion: What Is a Backover Accident?

A backover accident is a tragic and preventable type of crash that occurs when a vehicle reverses over a person—often a child or elderly individual—who is in the driver’s blind spot. These incidents frequently happen in residential and low-traffic areas and several factors may cause them, including lack of visibility, driver inattention, or unsafe vehicle design. Tragically, the driver is often a close family member to the victim.

When a backover accident occurs, Tom Fowler Law in Des Moines, Iowa, is committed to helping victims pursue justice and compensation. Free consultations are available.