About half of non-traffic deaths involving kids under the age of 15 are the result of backover accidents. These collisions happen when a car or other vehicle that is backing up hits someone who is positioned behind it. These are devastating accidents that can occur on job sites or even in your own driveway. Most often, they affect small children, such as toddlers, who may be in a vehicle's blind spot. Often, a driver is not even sure that he or she has hit somebody. The vehicle may continue to move, even after the child has fallen down. If you or your child is injured in a car accident in the Dallas area, the results may be devastating. The lawyers at Feizy Law Office can help you seek the damages that you need.Pursuing a Negligence Claim against a Careless Driver
The bigger a vehicle is, the bigger the blind spot will be. Some cars come equipped with a rear-view camera, but not all of them do. A small child can easily fit into a vehicle's blind spot. They are most at risk in parking lots or driveways. Tragically, in many cases, a backover accident happens because the child's parent is not paying attention. However, if the accident happens because of another person's negligence, such as the negligence of a neighbor or construction worker, you may be able to recover compensation.
If a child dies in a backover accident, a parent can sue for wrongful death. Under Texas Statutes section 71.001, you can bring a lawsuit for a wrongful death if someone else's wrongful act, neglect, unskillfulness, carelessness, or default causes your child's death. The parents can file a claim together, or one of them can file a claim.
To prove negligence, you would need to show the defendant's duty, a breach of duty, causation, and actual damages. Each driver has a duty to check his or her blind spots, and a failure to do so is a breach of duty. All of the elements of negligence must be shown to recover damages.
In some cases, a child may be partially to blame because he or she ran behind the car as it was backing up. The circumstances will determine whether the parents can still recover damages. Under the doctrine of comparative negligence, damages may be reduced by an amount equal to the child's percentage of fault, assuming the child is found to be old enough to appreciate the risks.
In Texas, a parent's negligence cannot be imputed to a child in order to stop an action by the child or for the child's benefit against a third party whose negligence hurt the child. Under the parental immunity doctrine, a child cannot sue his or her parents, and the child's ability to recover damages from others is not reduced if a parent was negligent.
Each parent is separate for purposes of apportioning damages. If more than one parent is found to be partially at fault for the accident, their negligence is considered individually for purposes of determining whether they are 51% or more responsible for the accident. One parent's negligence is not imputed to the other.Explore Your Options with a Motor Vehicle Collision Lawyer in Dallas
Dallas residents who have been involved in a backover accident can consult the motor vehicle collision attorneys at Feizy Law Office for guidance. We are experienced in both personal injury and wrongful death claims. Call Feizy Law Office at (214) 651-8686 or contact us via our online form to arrange a free consultation. We also represent accident victims in Irving, Garland, Arlington, Fort Worth, and Plano, among other cities.