Latest Blogs

Even at lower speeds, back-over accidents are very serious.  They involve a vehicle's backing up, typically out of a driveway or parking spot.  Pedestrians, cyclists, joggers and especially small children are very vulnerable to back-over accidents. Vehicle's backing up initially knock people down before backing over them.  The most common victims of back-over accidents are small children between the ages of 12 and 24 months.  Children of these ages are naturally inquisitive and old enough to wander off to explore their surroundings while not knowing the dangers which could be associated with their environment and actions. 

The National Highway Traffic Safety Administration (NHTSA) said that, on average, 210 people die each year and 15,000 are injured in light-vehicle backup accidents.  About 31 percent of the deaths are among children under age 5, and 26 percent among adults over 70 years of age. Congress recognized the back-over problem and passed a law, the Cameron Gulbransen Kids Transportation Safety Act of 2007.  This law was named after two-year-old Cameron Gulbransen who was killed when his father accidentally backed over him in the family's driveway.

Under the Kids Transportation Safety Act, the NHTSA issued a ruling in March 2014 requiring rear visibility technology in all new vehicles under 10,000 pounds by May 2018. This includes buses and trucks  manufactured on or after May 1, 2018, to come equipped with rear visibility technology that expands the field of view to enable the driver of a motor vehicle to detect areas behind the vehicle to reduce death and injury resulting from back-over incidents. The field of view must include a 10-foot by 20-foot zone directly behind the vehicle. The system must also meet other requirements including image size, linger time, response time, durability, and deactivation. Many vehicle manufacturers are already including back-up cameras as standard or options on new vehicles.

The most common cause of backup and back-over accidents is driver negligence and inattentiveness. Drivers must first determine whether it is safe to backup in order to prevent backup and back-over accidents. Blind spots play a role in backup and back-over accidents. Larger vehicles such as SUV's, vans, minivans and trucks have a different blind spot than a smaller vehicle, such as a car.

The general rules of negligence apply to motor vehicle cases. Most cases are based on a claim that a driver was negligent (careless), which resulted in injury and/or damage. More often than not, the party backing up is the liable party. This is due to their not being cognizant of who or what was behind them prior to backing up. Depending on where the backup or back-over accident occurred, such as on another's property, the property owner can also be liable particularly if there were dangerous property conditions, such as obstructions.

Cape Coral Vehicle Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.