One of the most dangerous types of crashes is a backover accident, which is surprising because they are usually easily avoided. Although many vehicles now come equipped with rear-view cameras to assist drivers with avoiding obstacles, there are many people who do not use them and thus many accidents that occur while a vehicle is backing up. Drivers often fail to look over their shoulder before backing up, or they may engage the vehicle before they ensure that the path is clear. Mirrors and even cameras are susceptible to blind spots, which means that any pedestrian located in a blind spot may suffer catastrophic injuries. Greenville and Spartanburg car accident attorney Patrick E. Knie has proudly represented many injured people throughout South Carolina and is prepared to assist you with your case.Assert Your Legal Right to Compensation Following a Backover Accident
If you have been injured in a backover accident, you may file a personal injury claim to seek compensation for the damages that you have incurred. Understanding your legal rights and how the legal process operates is an important step in seeking compensation. This will help you prepare your case, work with insurance companies, document your medical care, and understand how to protect your interests along the way. In general, a plaintiff must establish that the defendant failed to act with due care at the time of the crash. Due care means the same level of conduct that a reasonably prudent person would use when faced with a similar situation, as well as abiding by any applicable traffic laws. For example, if a driver fails to check their mirrors and look over their shoulder before backing up, that driver has likely engaged in negligent conduct.
A defense argument that a plaintiff sometimes faces in a backover accident case is that the plaintiff was negligent by walking too closely to the vehicle or standing behind the vehicle at the time that the driver began to back up. South Carolina uses a modified comparative negligence law, which means that if the defendant can show that the plaintiff was more responsible than the defendant for causing the accident, they will be barred from recovering any compensation. If they were somewhat responsible but to a lesser degree than the defendant, they will receive damages in proportion to the defendant’s degree of fault. An experienced car accident lawyer can help you navigate this aspect of your claim.
After showing that the defendant failed to act with due care, you must next provide evidence substantiating the amount of compensation that you are requesting in the lawsuit. This includes many different categories of damages, including medical expenses like ambulance bills, emergency room charges, medications, follow-up medical care, and physical therapy. The plaintiff may also seek compensation for missed wages and any diminished earning capacity.
Pedestrians who are struck by a car backing up may suffer devastating injuries that leave them disabled permanently. If they are unable to return to their usual occupation as a result of the crash, the defendant will be required to compensate the victim for this loss. In the unfortunate event that the victim loses their life as a result of the accident, the surviving family members may bring a wrongful death claim to seek compensation for burial and funeral expenses, as well as compensation for the loss of their loved one’s companionship, community, and support.Contact a Dedicated Car Accident Lawyer in Spartanburg or Greenville
If you or someone you love has been injured as a result of another driver’s carelessness, you may be entitled to compensation. At the Knie & Shealy Law Offices, we have guided victims in Spartanburg and Greenville, as well as throughout Union, Laurens, and Cherokee Counties, in pursuing compensation following an avoidable and devastating accident. We understand how challenging this situation may be for a family. We offer a free consultation with a motor vehicle collision attorney to help you learn about your legal options, so call us at (864) 582-5118 or contact us online to set up your appointment.