Who Is Responsible for Driveway Accidents?

Categories: personal injury

driveway accident

Driveway accidents, or backover accidents, are an unfortunate occurrences that injure a large number of individuals, particularly children or elderly people. The drivers in these types of accidents are often parents or relatives of the injured, but when it comes to liability, it isn’t always as straightforward as you might expect. Responsibility for driveway accidents can belong to a combination of various parties, depending on the circumstances. The different people who might be responsible for a driveway accident include the following:

The Driver of the Vehicle

In many cases, the driver of the vehicle has responsibility for the backover accident in failing to exercise proper lookout or in failing to pay proper attention, among other things.  This can be a heartbreaking time for a responsible driver who may have injured a family member, but fortunately, the driver’s insurance policy will likely provide coverage for the injured person’s damages.  In some instances, the insurance company will claim that the driver’s negligence needs to be compared with the negligence of the injured person who positioned themselves behind the vehicle.

Manufacturer or Product Liability

It doesn’t happen often, but there have been cases where accidents have happened not because of another person but because of a product. In driveway accidents, this could mean malfunctioning sensors or defective backup cameras that don’t alert the driver of the person or object behind them as they should. In these examples, the car manufacturer or the company responsible for the malfunctioning parts could bear some liability for the accident and the injuries that occur as a result.

Whether it’s the car manufacturer, the part manufacturer, or the people who assemble the vehicles, they all have a responsibility to provide products that are safe and work as they should.

The People Who Own the Home

In some instances, such as those involving negligent supervision of a homeowner whose children are playing outside, the insurance company for the premises where the injury occurred can also have some accountability.

Criminal Charges Are a Possibility

Although rare, the person responsible for causing the injury could also face criminal charges, especially if they were driving under the influence of drugs or alcohol and caused the accident. Criminal charges like involuntary manslaughter or vehicular assault are more likely to become a possibility if the accident results in severe injuries or death.

Disclaimer: This Article Is Not Legal Advice.
Never rely on an article for legal advice as the law frequently changes, information may not be accurate, there may be exceptions to a rule, and reliance may be detrimental. Always consult one of our experienced attorneys for competent, current, and accurate legal advice.

Experienced Attorneys at Crooks, Low & Connell, S.C. Can Help

Driveway accidents can be devastating and result in long-term injuries and even death. Whether you were the person who caused the accident or the person who was injured, it’s important to consult a qualified legal team to determine your best options. To learn more about how we can help you with your personal injury case, call our Wausau, WI law offices at (715) 842-2291 or request a consultation by filling out our online contact form today.