Backover/ Parking Lot Accidents
Drivers have a legal obligation to behave in a safe manner at all times, whether on public property or private. Unfortunately, parking lot accidents in Boston are an all-too-common occurrence.
Many parking lot accidents are classified as "backovers," which means that a driver reverses into and injures or kills someone. When this occurs in a parking lot, on a driveway or other private road, it is referred to as a "nontraffic backover." According to the National Highway Traffic Safety Administration, 221 people lost their lives as a result of non-traffic backovers just in 2007 alone.
Statistics continue to show that children and the elderly are most at risk.
Backovers typically occur when the driver of the vehicle is not paying proper attention. Unfortunately, as the statistics show, victims can be seriously injured or even killed as a result of the careless failure to check the mirrors before backing up. If you or a loved one has been injured or killed as a result of a backover / parking lot accidents, it is very important you contact an experienced Boston personal injury attorney to learn what your options are for making a personal injury claim for compensation.
At the Law Offices of Jeffrey S. Glassman, LLC, we have more than 19 years of experience representing injured victims and we can put that experience to work for you. Contact our Massachusetts personal injury lawyers today at (617) 367-2900 or using our online form.Massachusetts Backover and Parking lot Accidents
If someone is not paying attention in a parking lot and hits you when you are walking in the parking lot or when you are in your vehicle, you may recover compensation for your medical costs, lost wages, pain and suffering and emotional distress. In some cases under Massachusetts law, your own personal injury protection (PIP) coverage will have to be used first, but when you suffer a broken bone, permanent scarring or disfigurement, or incur medical bills in excess of $2,000, then you meet the tort threshold and can go after the responsible driver for compensation for loss.
In order to recover compensation for loss as a result of a parking lot accident or backover, you will need to first prove that the driver who hit you or your vehicle was negligent. This is proven by showing that he or she was violating safety laws or behaving below the level of care that a reasonable driver would have shown in the same situation. You'll next need to prove that the driver's negligence led to the backover or parking lot accident. Finally, you'll need to show you sustained injuries as a result of the backover and demonstrate that you should receive financial recompense for those injuries. An experienced Massachusetts personal injury attorney can help you to gather the evidence you need to prove your case.
In some instances, the other driver will allege that you were partially responsible for causing the accident or that you weren't watching where you go were going. Even if this is true, this may not preclude you from recovering compensation, as the other driver can still be held responsible for a percentage of damages equal to his or her percentage of responsibility in the parking lot crash. Likewise, sometimes drivers who cause accidents assert that their vehicle was moving slowly and that you couldn't have sustained serious injuries as a result of being struck by it. When this argument is made, your personal injury lawyer can help you to get the medical expert testimony you need to show the extent of your injuries so you can get the compensation you deserve.
To learn more about your rights in the wake of a Boston pedestrian accident, contact The Law Offices of Jeffrey S. Glassman, LLC today at (617) 367-2900 or using our online form.