Back-Over Accidents

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.

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.

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.