Back-Over Accidents

Motor Vehicle Collision Lawyer Serving Residents of Knoxville

Tragically, about four families across the nation lose a loved one in a back-over accident each week. Usually, the victim is a small child. If your son or daughter was injured or killed in a back-over accident, nothing can erase the pain or grief. However, compassionate car accident attorney Mark Hartsoe may be able to help Knoxville residents seek compensation for some of their losses.

Holding a Negligent Driver Accountable for a Back-Over Accident

Back-over accidents may harm both adults and children. More often, they happen to young children because children are small enough that they may not be visible in a rear-view mirror. While some more recently manufactured cars do have rear-view cameras, many SUVs have poor rear visibility and do not have cameras to compensate. Multiple children can fit behind some SUVs without being able to be seen.

It is devastating to a family to suffer the loss of a child due to a back-over accident. Children are often at risk in parking lots and driveways. Drivers may be distracted while leaving their homes and before getting on the road. If a child or other person is injured or killed due to a back-over accident, it may be possible to pursue a claim on behalf of an injured person or a deceased victim’s estate.

In the case of a child victim, parents can potentially bring a wrongful death action against a responsible party, although certain different rules will apply if the parents are divorced. The administrator of the child's estate can file the suit. The suit must be filed with one year of the death if it was instantaneous.

Wrongful death damages that can potentially be recovered in Tennessee may include medical costs, funeral bills, conscious pain and suffering from the time of injury to the time of death, loss of enjoyment of life while the decedent was still alive, loss of earning capacity (if the deceased was an adult), and the pecuniary value of life. The value of a child's life is measured by the parents' loss of love, society, and affection.

To establish the right to damages, an injured person or the victim’s loved ones generally must prove that the defendant acted negligently. This means that the person who caused the accident had a duty of care and breached the duty with some careless action. Everyone who gets behind the wheel has a responsibility to take reasonable precautions to protect the safety of those around them. Failing to check mirrors and blind spots is an example of conduct that could constitute a breach.

After showing duty and breach, it would be essential to show that the defendant’s careless conduct led directly to the accident. The last element of a negligence claim consists of identifying actual costs and losses that were incurred, which must be reasonably quantifiable.

Enlist a Knoxville Attorney to Seek Compensation for Your Injuries or Loss

Knowledgeable motor vehicle collision lawyer Mark Hartsoe can guide individuals in the Knoxville area and elsewhere in Tennessee through the process of asserting their rights against those who have harmed them. We can investigate the details of your situation and help you explore your options. For a free initial consultation, call 865-804-1011 or contact us via our online form.

Client Reviews
I was on my way to Atlanta and a huge truck rear-ended me and knocked me off the side of the road. I was scared. Didn’t know what to do. I tried working with the insurance company. They are just difficult to work with. I had to call somebody to take care of me. So, My brother told me to call Mark Hartsoe. As soon as I called Mark Hartsoe, he let me know real quick that everything was going to be okay and that he would take care of everything. And, he did. He got me a great settlement. He took the worry off of me. Mickey Anderson
I was hit coming home late at night by a drunk driver who took off. And the next day I was able to track down his vehicle and get the state police involved. At that point, a family friend recommended that I talk to Mark Hartsoe. Pretty much at that point, Mark handled the police, the insurance company and the guy who hit me. Settled with the actual person that hit me. Outside of that, everything came out great. Did not have to go to court. Got a great settlement. Got my car replaced. Got a check. Mark Hartsoe is my lawyer. Nate Holder
I was involved in a motorcycle accident. It was a head-on collision. I broke my arm, injured by knee. I was out of work for a long time and had medical bills, other expenses. A personal friend handed me a card for Mark Hartsoe. I called Mark Hartsoe from the side of the road and he took care of everything. My case was settled out of court. I received a great settlement. Bike was totaled, motorcycle was replaced. It was easy, painless. About as painless as something like this can be. This is why my lawyer is Mark Hartsoe. John Lusinger
I wanted to thank you for the excellent representation and your ability to handle the situation so well with such compassion and strength. We appreciate all of your help, concern and for answering my many questions. It has been a difficult road to travel but when we come across people like you, it really helps to lighten the load. We just wanted you to know how much we appreciate what you’ve done and your ability to handle the situation so well. S. Carter
Thank you so much for all the work you did on our case. We received more than we expected. You were great through the whole time from the first meeting until the last. Thank you so very much. Sam & Judy Kachar