Were You Injured in a Driveway Accident?
Not every car accident happens out on the highway. Instead, hundreds of people are injured each year in someone’s driveway, even at low speeds. Although many of these victims are entitled to compensation, they might not know what to do. For example, who can they sue for money damages? And whose insurance do they make a claim with?
Below, our Delray Beach car accident lawyer takes a look at what you need to know. Contact us if you have questions.
Liability and Driveway Collisions
Driveway accidents are analyzed according to the same fault rules that we use to look at any other car crash. The key is identifying who or what is to blame for the accident. Common scenarios include:
- A driver carelessly backs up into you because they weren’t paying attention or for another reason, such as recklessness or intoxication.
- A child darts behind a moving vehicle and is run over.
- A defect in the driveway causes a person to strike you. For example, a giant pothole could cause the driver to temporarily lose control of the vehicle.
In each of these examples, a different entity could be at fault for the accident:
- In the first, the driver is probably at fault for not using sufficient care.
- In the second, the child might be to blame for running behind a moving vehicle. Alternately, both the driver and the child could share blame.
- In the third, the person who owns and maintains the driveway could be at fault. This might be someone other than the person driving the vehicle.
Receiving Compensation for Your Injuries
As a general rule, the person or entity at fault pays compensation to injured victims. There are many insurance policies that could be at play here that our attorneys need to review.
For one, you could be covered by your Personal Injury Protection (PIP) policy, which you should have if you registered a vehicle. This policy covers injuries sustained as a pedestrian in a collision with a car. PIP benefits are no-fault, so it does not matter who is at fault for the crash. Even if you do not have a PIP policy, you might live with a relative who does, so you might make a claim on theirs.
However, if you or a child suffered serious injuries, you might need to bring a lawsuit. Bringing a claim will depend on who is to blame:
- If the driver struck you is to blame, you might submit a claim on their bodily injury liability coverage.
- If the homeowner is to blame for a dangerous condition, you might make a claim on their homeowner’s insurance policy.
Speak with a Delray Beach Car Accident Attorney
Driveway accidents raise many unique issues, and you need an attorney who knows how to analyze the facts presented to protect your rights. Give Earnhart Law a call. One of our lawyers will meet with you to discuss how to proceed with your claim and negotiate on your behalf.
Call us today at 561-265-2220 to schedule a free consultation.