Deciding The Liability For Driveway Accidents In Florida
Many people think that their driveways are safe zones because the traffic in the area will be typically slow-moving. The movement in this area is either backing out the cars or pulling into the yard. But the reality is that the driveways may turn out to be quite dangerous. The driveway accidents take place at an alarming rate in Florida. What is even more tragic is that many of these accidents involve children. Children are at a higher risk to suffer significant or even fatal injuries. It is emotionally difficult to handle these claims and they are legally complicated as well.
How they occur
National Center for Biotechnology published information about the driveway accidents recently and according to them, the accidents resulting in injuries to children normally involve a child hit by a car, which is run by an adult, or a child shifting gears in an idle car. Another common form of driveway accidents is “backover accidents”. These occur when a car driver backs out the vehicle from a driveway and fails to notice the person standing behind the car. This type of accident usually involves children, as they are many times not able to appreciate the danger involved in a situation. They are also difficult for the diver to observe due to their smaller size. This problem is compounded for larger vehicles such as trucks, vans, and SUVs. 60% of the backover accidents are due to larger vehicles like these.
Liability of driveway accidents
Many driveway accidents cannot be avoided for the driver especially those involving a small child. The child many times darts out behind a car but sometimes the drivers fail to take due care by checking the mirrors. Rear backup sensors and cameras play a significant role in reducing driveway accidents. But they cannot assure safety so it is especially important for the drivers to look out for children. The person who is held accountable for the accident depends on the circumstances of the case.
Many times more than a single person is held accountable for the driveway accident and this will decide the compensation for the victim. When more than a single person is held responsible for an accident, each of the people will have to compensate the victim for his or her contribution to the accident.
Apart from the car driver, the homeowner and car manufacturer can also be held accountable for the accident. Most courts will not take into consideration the child’s actions the same way as they do for adults when they are making their decisions. This is because the children are not mature and do not have the experience however the car driver needs to know his responsibilities towards pedestrians and motorists.
Therefore if you or one of your children was involved in a driveway accident and you have queries regarding the various legal options you need to contact an experienced professional. For accidents in Tampa Florida, you may get in touch with the Rojas Law Group who are experienced in these matters and can advise you about your future actions.
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