Backing-up cars cause about 500 deaths and 15,000 injuries every year, according to the National Safety Council. The majority of serious back-up injuries occur to people who are standing, walking or biking behind the reversing automobile. Vehicles generally reverse in busy pedestrian areas, such as parking lots, garages, driveways and town centers with parallel street parking. Predictably, children are the most vulnerable because of their small size and their lack of understanding about danger.
Berenson Injury Law has represented injured drivers, pedestrians and cyclists going on 40 years. We regularly handle low-speed, but high impact, claims involving reversing drivers. The negligent driver’s excuse is almost always, “I didn’t see him or her,” but those words ring hollow in a court of law. The driver has a responsibility to look for other cars and pedestrians before backing up. A driver who claims not to have seen you before backing up admits she acted negligently by reversing without looking. Our firm successfully proves the driver’s negligence and the resulting damages you incurred when the car backed into you.
Parking lots are prime locations for collisions. Drivers are often focused on phones, children, packages and other distractions inside their vehicle. In addition, vehicles and pedestrians are often coming from every direction. Parked SUVs, planters and buildings often cause sight obstructions that further contribute to the risks of accidents. Although cars are moving at relatively slow speeds, parking lot crashes may nonetheless result in serious injuries. An impact at less than 10 mph can kill a child or cause permanent disabilities to an adult.
Parking lot accidents also create complex issues of fault. Did the backing up driver look before pulling out? Was the vehicle speeding by to reach an open spot when the car backed into it? Was the person leaning down behind the car, so even the most careful driver could not have seen him or her? Or, did the driver fail to check blind spots before putting the car in reverse?
Berenson Injury Law fits the puzzle pieces together to determine exactly what happened. We analyze damages to the vehicle to determine angle and force of the impact. With the proliferation of security cameras, we are often able to locate video of the accident by taking timely action before the footage is erased. We can also look at the parking lot design to determine whether it played a role and to assess whether the other driver’s defense is viable. If poor lighting, worn paint, visual barriers or other design related factors contributed to the crash, our accident attorney may consider filing a third party claim against the establishment that owns the parking lot.
Many newer vehicular models come with cameras and screens so you can easily view what is behind your car from the driver’s seat. Sensors may alert you that there is an object or a person at the rear of your car while a beeping noise may warn nearby pedestrians that you are backing up. These features offer helpful assistance to drivers, especially those with mobility issues in which turning around might be more difficult and those in big SUVs that have multiple blind spots.
However, this technology should not replace the careful scanning of the area before backing up. The technology may miss crucial risks. For example, a back bumper sensor may not detect a bicyclists or running child coming from the peripheral until too late. Sensors pick up inanimate objects, in addition to humans, which can encourage the driver to disregard the system’s warnings. A driver who should have seen you, but did not, cannot shift blame to the vehicle’s technology.
Berenson Injury Law represents pedestrians, cyclists and drivers who were injured during a reversing car collision. Schedule a free consultation with our Dallas-Fort Worth parking lot accident attorney to discuss your case in detail.
Begin with a free case review
Collect all records and evidence regarding your case
The other party will either accept or reject the demand, or provide a counteroffer
If they refuse to pay what you deserve, we’ll go to court
Each party will compile and submit evidence to be used in the trial
Before trial, an informal proceeding will take place to see if both parties can come to an agreement
If a settlement cannot be reached, we will fight for you in trial
While we are proud to call Fort Worth home, we are also more than happy to help injured people living all throughout Texas. Whether it's a car accident on the interstate or a backcountry road, we have years of experience and will fight tirelessly until our clients get what they deserve!