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Our team at Dashner Law Firm is dedicated to representing victims of backover accidents in Texas, employing comprehensive investigative methods to hold negligent drivers accountable and provide financial relief for affected families.
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Texas Backover Car Accident Attorney
A backover accident occurs when a driver backs up and drives over a person who is standing, sitting, or otherwise behind the striking vehicle. Because of the size of the vehicle compared to the person, and the lack of protection of the person, these accidents can frequently result in traumatic injury or even death.
Backover car accidents typically occur on private property or on the side of the road instead of in traffic. They most commonly victimize small children and workers, such as construction workers and sanitation workers.
Determining Fault in a Car Accident Backing Up
The law forbids a driver to back up any vehicle unless the action can be done safely. With all other things being equal, the person backing the vehicle will most likely be liable for the resulting crash.
For instance, if a car is in a parking lot and driving toward a parking space, he may stop because he thinks another driver is coming out of the space. That driver is the one who will be at fault because the driver backing out of the space is the one who is in motion. Even if the driver stopped too close for the other driver to get out, he would not be responsible for the wreck.
Parking Lot Accidents – Both Backing Up
In a parking lot, there might be multiple drivers who have stopped. They might start moving at the same time. In those cases, you will need to determine who was where before you can determine fault. If they both started moving from a stationary point, one of them was probably in a position where he or she had more of a right to move first.
Backing Up & Backover Accident Statistics
Drivers cause a substantial number of crashes by backing unsafely. Most of the crashes are not fast and do not result in such devastating consequences unless the backing vehicle is substantially heavier than the other vehicle. In Texas in 2016, there were 2,145 total crashes in rural areas caused by unsafe backing, with a total of 3 fatalities; that same year, there were 8,246 crashes caused by unsafe backing in urban areas, with five fatalities. This resulted in over 10,000 total crashes statewide for unsafe backing with 13 fatalities.
Backover accidents are another matter entirely. According to Kids and Cars, out of the 1,200 children under 15 who were killed in non-traffic motor vehicle accidents, half of them were backover accidents. Another 13 percent of the fatalities were caused by front-overs.
Every single week, two children are killed in backover accidents while another 50 are injured. Over 70 percent of the drivers were parents, grandparents, or other close relatives, now dealing forever with the trauma of harming their own loved ones.
Over 70 workers also died from backover accidents in 2011, according to the Bureau of Labor Statistics. This is a serious problem which causes a great deal of concern because people need to feel safe at work.
Backing a Vehicle Without Safety
Backing unsafely happens because it is difficult for drivers to see behind their car. It is particularly dangerous when there are children around, and it is also a problem in work zones. Workers are in particular danger because they are not protected inside a vehicle when other drivers, including co-workers, are driving around them. The Occupational Safety and Health Administration is working to prevent backovers for workers.
Safety features that could prevent backover accidents are considered optional and most cars are simply not equipped with them. These features include rear cameras and warning signals that audibly warn drivers of obstacles behind them.
Legal Help after a Backover Car Accident
If you or a loved one have been involved in a backover car accident, you are probably dealing with serious injuries. You need competent care and help to deal with the legal system. It is very likely the person who caused the injury is a co-worker or a loved one.
At The Dashner Law Firm, we understand the complex issues you are dealing with. We can make sure your loved one receives the care he or she needs while working within the law to get you the compensation you deserve. If you have any questions or would like to schedule a free consultation, call The Dashner Law Firm today.
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Car Accident FAQ’s
RECENTLY ASKED TOPICS
How Much Does it Cost to Hire a Texas Car Accident Attorney?
Texas car accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.
What should I do immediately after a car accident in Texas?
- Ensure safety: Check for injuries and move to a safe location if possible.
- Call 911: Report the accident to law enforcement.
- Exchange information: Share contact and insurance details with the other driver(s).
- Document the scene: Take photos, gather witness information, and make notes.
Is it necessary to call the police after a car accident in Texas?
Yes, you should call the police to report the accident, especially if there are injuries or significant property damage. A police report can be crucial for insurance claims and legal purposes.
What is the statute of limitations for filing a car accident claim in Texas?
In Texas, the statute of limitations for filing a personal injury claim, including car accidents, is generally two years from the date of the accident. For property damage claims, it is typically two years as well.
How is fault determined in Texas car accidents?
Texas follows a “modified comparative fault” system, which means that each party’s degree of fault is considered. If you are found to be less than 51% at fault, you can still recover damages, but your compensation may be reduced based on your level of fault.
What damages can I recover after a car accident?
You may be eligible to recover various damages, including medical expenses, property damage, lost wages, pain and suffering, and more. The specific damages depend on the circumstances of your case.
What Texas Cities Can We Handle Your Car Accident Case?
CONTACT DASHNER LAW FIRM
If you have been injured in an accident, then the Dashner Law Firm can help you. Call our personal injury lawyers today at 972-793-8989 to speak with an attorney about your situation. The consultation is free and, if you cannot come to us because of your injuries, we’ll come to you.
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Mr. Dashner gives his personal attention to his clients. He’s one of the only attorneys who give you his direct line and is available to answer your questions and ensure you are taken care of. You can expect frequent updates, personal attention, and a solid ally when you work with Mr. Dashner. You’ll never pay money out-of-pocket for Mr. Dashner’s services. He does not collect until you do.