Justia Lawyer Rating
American Association for Justice
Southwest Florida Hispanic Chamber of Commerce
The Best of Cape Coral 2020
The National Trial Lawyers Top 100
BBB Accredited Business

Backover Accidents

Cape Coral Lawyers Helping People Harmed in Backover Accidents

Under Florida law, motorists must operate their vehicles in a safe manner, which in part means that they must ensure that no one is behind them before they back up. Unfortunately, some drivers neglect their duties and hastily back up without checking their rearview mirrors and strike people walking behind their cars. Backover accidents typically cause catastrophic injuries, and in many instances, the harm suffered is fatal. If you or someone you love sustained damages in a backover accident, you have the right to seek compensation, and you should speak to an attorney as soon as possible. The dedicated Cape Coral car accident lawyers of Lusk, Drasites & Tolisano, P.A. have ample experience helping people hurt in collision pursue the compensation they deserve, and if you hire us, we will fight to help you seek a just outcome. We frequently represent people in lawsuits arising out of backover accidents in Cape Coral and in Fort Myers and Naples.

Injuries Caused by Backover Accidents

As the name suggests, backover accidents are collisions that occur when a person backs up a vehicle and strikes another individual, causing them to suffer bodily harm. Florida law imposes express limitations on drivers backing up. Specifically, it dictates that motorists should not back up their vehicles unless they can do so safely. People who ignore this edict and back up without making sure their way is clear run the risk of causing backover accidents. Such collisions usually cause significant injuries, which may include fractures, traumatic brain injuries, and organ damage. They can also cause crush injuries, hemorrhaging, contusions, and lacerations. Sadly, it is not uncommon for the harm caused by backover accidents to be fatal.

Elements of Lawsuits Arising Out of Backover Accidents

People hurt in backover accidents often incur significant physical and financial losses. As such, they will frequently seek to pursue compensation for the parties responsible for their harm in civil lawsuits. Typically, a plaintiff in a personal injury lawsuit will assert a negligence claim against the defendant. In Florida, proving negligence requires the plaintiff to show the defendant owed the plaintiff a duty. The duty may arise out of a statute or may be the obligation to act with due care under the circumstances. The plaintiff then must demonstrate that the defendant’s actions or failure to act constitute a breach of the duty. Finally, the plaintiff has to establish that the defendant’s departures proximately caused the plaintiff to suffer actual harm. In other words, while the defendant’s behavior does not have to be the sole cause of the plaintiff’s injuries, it must be a substantial factor in bringing them about.

A plaintiff that successfully proves a defendant’s negligence may be awarded compensation for the economic losses suffered, like the cost of medical care, lost wages, and out of pocket expenses, and the noneconomic harm sustained, such as the pain, suffering, trauma, and mental anguish caused by the accident. In many cases, the defendant will be reluctant to admit fault and will assert that it was the plaintiff’s negligence and not their own that caused the crash. Under Florida law, though, any negligence attributed to the plaintiff will not bar them from recovering damages. Instead, the compensation they receive will merely be reduced in proportion to the percentage they were deemed at fault.

Meet With a Capable Florida Lawyer

Backover accidents frequently cause life-altering injuries. In most cases, they are the result of careless driving, and the parties that cause them should be held accountable. If you lost a loved one or suffered injuries due to a backover crash, it is smart to meet with an attorney to assess your possible claims. At Lusk, Drasites & Tolisano, P.A., our capable Cape Coral lawyers are mindful of the devastating losses preventable collisions can cause, and if you engage our services, we will advocate aggressively to help you seek the best outcome possible under the facts of your case. We regularly represent people hurt in car accidents in cases from our offices in Cape Coral, Fort Myers, and Naples. You can reach us via our form online or by calling us at 800-283-7442 to set up a confidential and free meeting.

Client Reviews
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
"Very professional staff. They treat you like family." - Karen R.