According to the National Highway Traffic Safety Administration, backover accidents cause an estimated 263 deaths and 10,000 injuries annually in the U.S. One of the most common backover accident scenarios is a driver backing out of a Brooklyn driveway without seeing someone walking behind the vehicle.
Although the driver may claim the pedestrian was hard to see, liability in these cases depends on a careful review of the collision circumstances. If you were a pedestrian hit by a reversing car in a driveway, understanding which details matter can help you protect your rights and evaluate your options for seeking compensation.
Fortunately, the Law Office of Jeffrey K. Kestenbaum can help you with this type of case.
Who is Usually at Fault When a Vehicle is Reversing?
If a driver fails to take reasonable precautions before backing up, such as checking mirrors and looking for pedestrians, they could be negligent if their actions cause someone’s injuries. New York law specifically requires drivers entering or exiting a driveway to yield to pedestrians approaching on the sidewalk that extends across it.
Backup cameras can help drivers detect obstacles, but relying on technology alone may not prevent a collision. Obstructed views, parked vehicles, poor lighting, and overgrown hedges may also be relevant when determining whether a driver was at fault.
Can a Pedestrian Be Held Partially Responsible?
Can it ever be partly the pedestrian at fault? Yes, a pedestrian could be partially at fault if they were distracted, entered the vehicle’s path unexpectedly, or otherwise contributed to the collision.
However, New York follows a comparative negligence system that allows an injured person to recover damages even if they were partially responsible, but with compensation reduced by their share of fault. For example, if a pedestrian is found 10% or 20% responsible, the award may be reduced by that percentage.
Common Causes of Driveway Backover Accidents
- Distracted driving due to checking a phone or adjusting vehicle controls
- Failing to check blind spots, causing limited visibility
- Overreliance on backup cameras and parking sensors
- Reversing too quickly or recklessly without checking the surrounding areas
What to Do Immediately After Being Hit in a Driveway
If you were a pedestrian hit by a reversing car in a driveway, prioritize your health first. Even if your injuries seem minor at first, call 911 if appropriate, seek immediate medical attention, and report the incident to the police.
If you are able, take photos and videos of the accident scene and your injuries. Collect the driver’s contact and insurance information, and ask for the names and contact details of any witnesses who saw the accident.
Also, check for nearby doorbell or building surveillance cameras that may have recorded the collision. Keep copies of all related medical records, receipts, and documentation of missed work days.
How to Prove Negligence in a Driveway Accident Claim
What evidence helps prove a reversing accident pedestrian claim? Photos, videos, surveillance footage, police reports, driver and witness statements, and medical records can all help establish how the collision happened and the extent of your injuries.
In some cases, an accident reconstruction expert may be called in to analyze the vehicle’s movements, sightlines, and stopping distance.
When to Contact a Pedestrian Accident Lawyer
Insurance companies may question liability, dispute the severity of injuries, or argue that the pedestrian hit by a car contributed to the accident. This is where an attorney can investigate the collision, assess available insurance coverage, and pursue compensation for medical expenses, lost wages, and pain and suffering where legally recoverable.
Never give a recorded statement to an insurance company without counsel. There is no universal average settlement for these accidents, as compensation depends on injury severity, medical costs, lost income, available evidence, and applicable insurance coverage.
We Can Help with Your Pedestrian Hit by Car Case
Remember, drivers must always yield to pedestrians in driveways, and if you were a pedestrian hit by a reversing car, you don’t have to navigate the insurance maze alone.
Please contact the Law Office of Jeffrey K. Kestenbaum for a free consultation to understand your legal options.
