When most people picture a pedestrian accident, they imagine a crash that occurs at an intersection on a busy street. However, backup pedestrian accidents are more common than you might expect—especially when the pedestrian is a child or elderly person.
The Dangers of Distracted Driving
A common cause in many backup pedestrian accidents is distracted driving. Drivers may be distracted by talking to other passengers, using a cell phone, adjusting the radio, or eating while driving. It only takes a few seconds of inattention to cause a devastating accident.
Backup Accidents in Driveways
Backup accidents most frequently occur in residential driveways, and the victims in this type of accident are usually children.
Children are vulnerable to backup accidents because of their small size. The driver may not see a child behind the vehicle when he is getting ready to back up. Young children may not realize the danger cars pose or simply aren’t paying attention. Older children can be involved in this type of accident when they are distracted by toys or playing with friends.
Children injured in backup accidents can suffer broken bones, internal bleeding, organ damage, paralysis, and traumatic brain injury. Permanent disabilities can result.
Backup Accidents in Parking Lots or Parking Garages
Another common location for backup accidents is a parking lot or parking garage. Accidents here typically involve senior citizens.
Seniors citizens can fall prey to backup accidents when they are not physically able to move out of danger in time, and they suffer many of the same injuries as children in these types of accidents. However, due to the age of seniors and the likelihood of previous medical conditions interfering with the healing process, their injuries are more likely to result in an inability to continue to live independently.
How Vehicle Type Increases Accident Risk
The majority of backup accidents, whether in residential driveways or public parking areas, involve people who are driving SUVs or pickup trucks. These vehicles have larger blind spots, making it difficult to see someone behind the vehicle.
Vehicles with backup cameras are thought to be safer than those without the devices. As of May 2018, built-in rear backup cameras are a required standard feature on all new motor vehicles. However, many motorists may have older model cars that don’t have this safety feature. Even when backup cameras are in a vehicle, they do not eliminate the risk of accidents. Incorrect camera usage, bright sunlight, and inclement weather can affect the camera's effectiveness.
How Neblett, Beard & Arsenault Can Help
When your loved one has been injured in a backup pedestrian accident, compensation for damages is available by filing a personal injury claim. This claim can include:
- Medical expenses, including immediate medical care and future medical needs due to accident related disability
- Lost wages, including applicable loss of future earning potential from an accident-related disability
- Pain and suffering
A personal injury claim involving a fatality is referred to as a wrongful death claim. This type of legal action seeks compensation for medical expenses up to the time of death, pain and suffering up to the time of death, funeral and burial costs, and the loss of the deceased person's support and companionship.
Retaining an experienced personal injury attorney is the best way to protect your right to a fair settlement following a backup pedestrian accident. An experienced attorney can prove liability, document damages, and negotiate with the driver's insurance company on your behalf.
The award-winning legal team at Neblett, Beard & Arsenault has extensive experience representing Louisiana residents and their loved ones. Contact us online or call our office directly at 318.541.8188 to schedule a free, no-obligation initial consultation.