Who’s Responsible for My Driveway Accident in Florida?
Many car accidents happen in residential areas when drivers are backing out of driveways. When a vehicle collides with another car or pedestrian, bicyclist, motorcyclist, or truck when backing out of a driveway, it can be challenging to determine fault.
For this reason, you should consult with a Lakeland auto accident lawyer at The Turnbull Firm to investigate your driveway accident and hold the responsible party liable for your injuries.
How do driveway accidents happen?
Many driveway accidents in Florida occur because drivers enter a roadway or highway from a driveway without properly looking to the right and left for other traffic. Drivers who back out of a driveway into public roads must yield the right of way to traffic and to pedestrians.
When a driver breaches a duty of care owed to other motorists and pedestrians when backing out of a driveway, they can be held liable for the resulting injuries and damages if an accident occurs.
If you or your child has been injured in a driveway accident caused by a driver backing out of a driveway, do not hesitate to contact our personal injury lawyer to help you pursue maximum compensation for your injuries and losses.
Who’s liable for driveway accidents?
Under Florida law, every motorist owes other drivers on the road a basic duty of care. When a driver breaches the duty of care, the injured parties may seek compensation pursuant to Section 429.29, Florida Statutes.
When backing out of a driveway, the driver owes a duty of care to all other people on the road and pedestrians on the sidewalk. When backing up, the driver has a legal obligation to look before backing up.
Failure to remain vigilant when backing out of a driveway can result in a preventable auto accident. When this happens, the negligent driver who breached the duty of care will be held responsible for the resulting injuries and liable for the victims’ damages and financial losses.
However, the victim will need to demonstrate evidence to prove that (1) the other driver was negligent and breached their duty of care, which (2) led to their injuries and losses.
Both drivers may be held responsible for the driveway accident
While the motorist backing out of a driveway is responsible for the accident in the vast majority of cases, there are cases when the other party is partially or fully at fault for the collision.
The driver who enters the main roadway from a driveway has a duty to look out for oncoming traffic before performing the maneuver. However, other drivers also owe a duty to exercise reasonable care.
Even if the driver failed to check whether it is safe to enter the road from a driveway, the other motorist on the roadway might be held partially responsible if, for example, they were speeding when the crash occurred.
Under Section 768.81, Florida Statutes, Florida is a pure comparative negligence state, which means multiple parties can be held liable for causing an auto accident. If both drivers are held at fault for causing a driveway accident, their degree of fault will diminish the damages they are entitled to.
Schedule a consultation with our car crash attorney at The Turnbull Firm to establish fault in your driveway accident. Call 863-324-3500 to get a consultation.