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Backover Car Accident Lawyers in Miami

When most people think of a car accident, they think of careless or reckless driving on the roadways. Unfortunately, the most tragic types of accidents can happen while simply backing out of their vehicle a driveway or parking lot space and failing to keep a proper look out. These types of car accidents can result in serious or catastrophic injuries and sometimes death. If you or a loved one was injured after a negligent driver failed to check for pedestrians or motorists, a car accident lawyer at Gerson & Schwartz in Miami, Florida may be able to help you seek justice for your injuries.

Backover Car Accidents in Miami Injure Thousands

According to the National Highway Traffic Safety Administration, there are an approximately 200 deaths and over 15,000 injuries every year caused by drivers striking a person while backing up their vehicles. These types of backover accidents usually harm the most vulnerable types of motorists and pedestrians: children and the elderly. More than half of people injured or killed in back over accidents are either under the age of five or over the age of seventy.

These accidents occur for two main reasons: either the driver failed to check for people in the areas around the vehicle, or the driver could not see the person (usually a child) behind the vehicle. Children often do not realize that a moving vehicle is dangerous, or if they do, cannot move out of the way of the vehicle fast enough to avoid injury. Nearly all vehicles have a large blind spot directly behind the rear bumper, and it can be nearly impossible to see a small child in that space without a camera.

The NHTSA is attempting to reduce the number of back over accident and injuries by mandating that all new vehicles to come equipped with a backup camera by May 1, 2018. Cameras have been proven to reduce the likelihood of a back over accident, and should help lower the number of back over accident injuries across the country. However, this rule will not affect existing vehicles that currently do not have such a camera.

Drivers Have a Responsibility to be Watchful

With or without a camera, all drivers in Miami and South Florida must be aware of their surroundings before backing up. While advance technological advances such as cameras are now frequently installed in all vehicles and can help, a backup camera is not 100 percent fool proof and can’t always prevent all car accidents. For example, a camera may have a blind spot, or may miss a large area to the side of the vehicle, and might not see a person coming by on a bicycle until it’s too late. Drivers must make sure that both sides of the vehicle and the area around the vehicle are clear before backing up. If they do not, the driver may be responsible for paying damages in a personal injury case.

Because most backover accidents happen on private property rather than public roadways, people other than the driver may share some legal responsibility in case of an accident. In addition to the driver, the owner of the property where the accident occurred may be responsible. For instance, if a driver’s view from a parking lot or driveway is obstructed by overgrown trees or shrubbery, construction or other visual hazards, then the owner of the property may be liable if the conditions contribute to an accident.

We Fight for People Injured in Backover Accidents in Miami and South Florida

Backover accidents are especially heartbreaking because the victims are often children. These accidents can cause permanent injuries or disabilities that require long-term rehabilitation or medical care.

When filing a personal injury lawsuit after a backover accident, it is important to seek all types of damages that are available. If an injured victim will need decades of medical care, the lawsuit must ask for more than current medical bills. In addition to covering those costs, damages may also include future medical expenses, loss of income capacity or potential, actual lost wages, and compensation for pain and suffering.

Other type of motor vehicle collisions our lawyers have experience in include:

At Gerson & Schwartz, P.A., our car accident lawyers serve clients injured in numerous scenarios including accidents due to backing out and failing to keep or maintain a proper look out. The car accident lawyers at Gerson & Schwartz, PA serve clients seriously injured in car, auto, and motor vehicle collisions. The Miami personal injury law offices of Gerson & Schwartz, PA have over four decades of experience helping injury victims seek justice for negligent, careless and reckless acts of third parties. If you or a loved one were seriously injured in a back over car accident by a negligent driver in Miami, we can evaluate your case during a free consultation and advise you of your legal rights and options. To schedule your appointment, contact our Miami law offices today by calling (305) 371-6000, or

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User