California Driveway Accidents
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When Driveway Accidents Strike, We Protect Your Rights.
Were you hit by a vehicle that’s entering or exiting a driveway? These incidents might seem minor compared to high-speed highway collisions, but they can still lead to serious injuries, especially for children, pedestrians, and unsuspecting drivers.
Common types of driveway accidents include:
- Backover Accidents — These occur when a driver reverses without seeing someone behind the vehicle. Children are especially vulnerable due to their small stature and large vehicle blind spots.
- Vehicle Hits Pedestrians While Entering or Exiting — A person crossing or walking near a driveway may get hit by a driver pulling in or out, particularly in areas with obstructed views or poor lighting.
- Slip-and-Fall Accidents — Uneven pavement, ice, oil spills, or debris can lead to falls in driveways, triggering premises liability claims against the property owner.
- Vehicle Collisions — Accidents may occur between two vehicles maneuvering into or out of a driveway, especially in narrow or shared spaces.
- Unattended Vehicle Rollaways — Vehicles that aren’t properly secured may roll down sloped driveways, causing injury or property damage.
Each scenario requires a tailored legal approach based on the accident type, the parties involved, and the available insurance coverage. Insurance companies often approach accident victims quickly with settlement offers that may seem reasonable at first glance. However, these initial offers typically fall far short of covering all your accident-related expenses, ongoing medical needs, and non-economic damages like pain and suffering.
Call us at (888) 488-1391 for a free initial case evaluation. Led by Arash Khorsandi, Esq., our experienced driveway accident lawyers can help you seek fair compensation for your injuries, property damage, and other losses. We’re committed to guiding you through the legal process, one step at a time.
How Injury Lawyers Can Help With Driveway Accidents
One key issue in personal injury cases involving driveway accidents is that insurance companies may dispute how fault is assigned. Under California’s pure comparative negligence system, they can argue that you were partially responsible, which can reduce the amount of compensation available.
Without legal representation, these arguments may significantly affect your claim. Our attorneys understand how insurers approach these cases and can respond effectively to protect your rights and pursue fair compensation.
Having skilled lawyers handle your driveway accident case offers the following benefits:
- Experience in the Field — Driveway accident claims can involve premises liability, insurance policies, and negligence laws. Attorneys familiar with these cases help identify liable parties and explain your legal options. While past case outcomes provide insight, they do not guarantee future results.
- Proving Liability — Your lawyer will thoroughly investigate the accident by:
- Gathering evidence and interviewing witnesses.
- Reviewing medical records.
- Assessing damages and losses.
- Meeting Legal Deadlines — Victims typically have two years from the accident date to file a lawsuit. Hiring a lawyer from the get-go may allow for:
- Timely investigations.
- Preservation of critical evidence.
- Compliance with all legal deadlines to avoid case dismissal.
- Representing You in Negotiations — Lawyers are skilled negotiators who work diligently to secure compensation for your losses under the law. Showing the other driver’s negligence through clear evidence can help support a liability claim.
- Full–Fledged Advocacy — If negotiations fail, your lawyer can prepare a detailed demand letter outlining medical bills, lost wages (if any), and other relevant expenses.
If necessary, your lawyer can advocate for your rights in front of a judge or jury.
Why Hire Arash Law’s Injury Attorneys For Your Driveway Accident Claim
Arash Law assists injured victims in obtaining the resources they need to start over. While helping you seek compensation is our primary objective, we understand that recovery involves more than just monetary damages. Our driveway accident attorneys strive to provide comprehensive support throughout your case, addressing your medical needs, emotional well-being, and long-term recovery goals. Here are some potential benefits of hiring our driveway accident lawyers:
- A Thorough Investigation — Our attorneys diligently work with private investigators, accident reconstructionists, and safety experts specializing in residential property accidents to investigate your driveway incident thoroughly. We document visibility issues, property layout concerns, vehicle blind spots, and other critical factors contributing to your accident. Furthermore, we secure police reports, CCTV footage, the victim’s medical data, and other key evidence to establish the other party’s negligence.
- Timely Updates on Your Claim — We pay personalized attention and commitment to every case we handle. Throughout your case, we maintain open lines of communication and keep you informed at every stage.
- Medical Treatment Assistance — We can help connect you with medical professionals who understand accident-related injuries, making it easier to get the treatment and documentation your case may require.
- Seeking Payment for Property Damage — Our car accident lawyers who take on driveway incidents insist on a fair resolution, recognizing the value of each case. We also include property damage in evaluating your claim, covering any damage to your vehicle or other personal property.
- A No Win, No Fee Policy — Our law firm works on a contingency fee basis, meaning attorney’s fees are only collected if compensation is obtained. Case-related costs may apply, and all terms will be explained in writing before representation begins.
$2,000,000.00
Suarez v. Premium Packing (settled on 9/26/2023) – Settlement involving a man who sustained multiple orthopedic injures and a mild traumatic brain injury when he was run over by a food truck.– TINA ESHGHIEH
Frequently Asked Questions About Driveway Accidents
It’s natural to have questions after an accident. We have compiled answers to the most frequently asked questions concerning driveway accidents. If you have questions or concerns about your case, call us at (888) 488-1391 to get free accident lawyer advice.
How Much Does It Cost To Hire A Lawyer Experienced In Driveway Accidents?
The cost of hiring a lawyer for a driveway accident case depends on several factors. Most personal injury firms in California use a contingency fee arrangement, where attorney’s fees are collected only if compensation is obtained. Case-related costs may also apply.
Factors that may affect the overall cost include:
- The complexity of the case and the time it requires.
- Whether liability is clear or disputed.
- The number of parties involved.
- The need for expert witnesses or accident reconstruction.
- Court filing fees and other litigation expenses.
You will receive a written explanation of fees and costs before representation begins. Call us at (888) 488-1391 to learn more about how contingency fees work and what to expect in your specific case.
Is There A Deadline For Filing An Injury Case After A Driveway Accident?
The statute of limitations dictates the deadline for filing a lawsuit. In California, injured parties have two years to file a lawsuit against the liable party. This general rule also applies to cases involving driveway accidents. This time limit is put in place to ensure the timely filing of claims. Missing this time frame can result in your claim getting denied.
Needless to say, time is of the essence. This two-year deadline encourages accident victims to start putting together their cases while physical evidence is available and accounts from potential witnesses are still reliable. Two years may seem like a long time, but acting promptly helps your attorney gather evidence, meet deadlines, and preserve your ability to pursue a claim.
How Long Does It Take To Settle A Driveway Accident Claim?
The time it takes to resolve a driveway accident case depends on many factors. It isn’t possible to give an exact estimate without knowing the specifics of your situation. Some factors that may affect the timeline include:
- Complexity of the Case — Straightforward claims may resolve more quickly than those with disputed facts.
- Number of Parties Involved — Cases with multiple drivers, property owners, or insurers often take longer.
- Severity of Injuries — Ongoing medical treatment can affect when damages can be fully assessed.
- Insurance Company Response — The willingness of insurers to negotiate may speed up or delay resolution.
- Court Involvement — Cases that go to trial generally take longer than those settled out of court.
Do I Need A Personal Injury Lawyer Near Me For A Minor Driveway Accident?
Not every minor driveway accident requires a lawyer, but legal guidance can still be helpful. Even seemingly small incidents may result in medical issues or property damage that are not immediately apparent.
A local personal injury lawyer may be familiar with the courts and procedures in your area and can help you understand whether pursuing a claim makes sense. They can also review any settlement offers and explain if they fairly account for your losses. Speaking with an attorney can help you make an informed decision based on the specifics of your situation.
Does California Homeowners Insurance Cover Car Damage In Your Driveway?
No, homeowners insurance in California does not cover damage to your car, even if it happens in your own driveway.
It may cover damage to your property, like your garage or fence, if a vehicle crashes into them. However, for car damage, you’ll need comprehensive coverage through your auto insurance. This applies to incidents like fire, hail, flooding, or fallen trees. Always review your policy or speak with your insurer to confirm what’s covered.
Which Insurance Covers Driveway Accident Damages?
There are three relevant types of applicable insurance policies regarding driveway accidents: liability and collision coverage.
- Liability Coverage — This covers damages that the policyholder (liable party) inflicts on others. Covered losses include property damage and personal injuries to victims. In some states, liability coverage is mandatory and applies regardless of where the accident occurs, including on private property.
In California, the minimum liability insurance requirements are 30/60/15:- $30,000 for injury/death to one person.
- $60,000 for injury/death to more than one person.
- $15,000 for damage to property.
- Collision Coverage — This type of coverage is optional. It can cover vehicle damage resulting from a crash. Its main difference from liability coverage is that it is available regardless of who caused the accident.
- Homeowners or Renters Insurance — Many people don’t realize that homeowners insurance may cover certain aspects of driveway accidents on the insured property, mainly if negligent property maintenance at rental properties contributed to the accident. This can include inadequate lighting, obstructed sightlines due to overgrown landscaping, or improperly maintained driveway surfaces.
After a driveway accident, many assume insurance will cover all damages. While insurance can provide partial compensation, it can fall short of fully addressing your losses. Seeking legal help is essential to protect your rights and pursue the compensation to which you may be entitled.
A Loved One Was Killed In A Driveway Accident. What Should I Do?
Losing a loved one in a tragic driveway accident is a devastating experience, and the pain can feel even more intense knowing it could have been prevented. However, California’s wrongful death laws allow surviving family members to seek justice and hold the responsible party accountable.
Surviving family members are eligible to file a wrongful death claim, including:
- Spouse or domestic partner.
- Child or children.
- Grandchildren (if the deceased person’s children are no longer alive).
- Other eligible parties under intestate succession laws.
A wrongful death lawsuit aims to provide financial relief to surviving family members for the losses they have suffered. The damages you may be eligible to recover include:
- Burial and funeral expenses
- Lost financial support
- Loss of companionship and guidance
At Arash Law, our attorneys have the knowledge and experience to evaluate and quantify actual damages. We’re here to guide you through every step of the legal process.
If you’ve lost a loved one in a driveway accident, reach out to our attorneys today for a free consultation. Let us help you seek justice and pursue compensation for your losses.
Who Can I Sue In A Driveway Accident?
If you sustained injuries in an incident, you may be able to file a lawsuit against the party or parties that caused the accident. Here are some potentially liable parties in driveway accidents:
- The Driver Backing Out of the Driveway — If someone backs out without properly checking for oncoming traffic, pedestrians, or other obstacles, they could be liable for the accident.
- The Driver in the Occupying Lane of Traffic — Although the usual assumption is that the person backing out is at fault, this is not always true. If the driver in the occupying lane was speeding, distracted, or otherwise negligent (such as driving under the influence), they could share liability for the accident.
- Property Owners — If unsafe driveway conditions, such as obstructed views, poor lighting, or a lack of proper signage, contributed to the accident, the property owner could be liable.
- Vehicle Manufacturers or Mechanics — If a vehicle malfunction, such as faulty brakes or defective backup cameras, contributed to the accident, the manufacturer or a mechanic who improperly serviced the vehicle could be responsible.
- Government Entities — In some cases, local government agencies may share fault for driveway accidents. This can happen if poor planning led to unsafe driveways with low visibility or if the city ignored known hazards near a driveway.
Filing a claim against a government agency in California is more complex. You must follow special rules and usually file a notice within six months.
Before filing a claim, it’s important to prove who is at fault. Insurance companies will investigate before paying out. This process can be overwhelming without legal help. Fill out our “Do I Have A Case?” form to speak with a case manager.
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Factors Leading To Driveway Accidents
Unfortunately, accidents in the driveway are far more prevalent than most of us think. The most common victims of this kind of incident are children. As reported by Kids and Car Safety, at least 110 kids suffer injuries in driveway accidents every week.
The following are some of the most common factors that contribute to this type of accident:
- Blind Zones and Blind Spots — All vehicles have blind spots where visibility is limited or blocked. Larger SUVs and pickup trucks can have blind zones as large as 1,440 square feet, while smaller sedans have smaller blind spots. Small children are especially vulnerable, as they may be completely hidden in these areas. Drivers who don’t check these zones carefully put pedestrians at serious risk.
- Narrow Or Obstructed Driveways — Driveways blocked by other vehicles or landscaping can limit visibility. Oncoming cars may not see vehicles backing out, especially when there are parked cars along the road near the driveway.
- Distractions — Using mobile phones, engaging in conversations, or other distractions can divert a driver’s attention. A moment of distraction can cause drivers to lose track of a child or miss an obstacle in their path.
- Failing To Yield The Right of Way — Drivers who fail to yield the right of way when backing out of driveways can cause accidents, especially in busy or obstructed areas.
- Unintentional Reversing — In some cases, inexperienced drivers may accidentally put the car into reverse, causing the vehicle to move uncontrolled and potentially leading to serious injuries.
- Driveway Design — A study in the Journal of Paediatrics and Child Health found that certain driveway features increase the risk of injury. Long driveways, those with poor visibility, shared driveways, and ones that connect to busy roads are more dangerous. Curved driveways and those without separate pedestrian paths also raise the risk of accidents.
Proving Negligence In A Driveway Accident Case
Proving someone’s negligence is critical to establishing their liability for an accident. Driveway accident lawyers can demonstrate the other party’s negligence in an injury claim through the following:
- Duty of Care — Every driver must keep others out of harm’s way. For example, drivers should make sure the road is clear before backing out of the driveway.
- Breach of Duty — The other party’s actions deviated from the expected safe and responsible behavior. Anyone who fails to exercise reasonable care and causes an accident or injury is responsible for the damages.
- Causation — Plaintiffs must establish a direct link between the defendant’s breach of duty and the injuries sustained. For example, if a driver failed to check their surroundings before backing out of a driveway and struck a pedestrian, causing broken bones and head injuries, the victim would need to prove that these specific injuries resulted directly from the driver’s negligent actions.
- Damages — In personal injury claims, damages refer to the losses the plaintiff suffered from an accident. Generally, these cover pain and suffering, physical injuries, financial losses, and property damage.
Different types of evidence can substantiate the elements of negligence. They include, but are not limited to:
- Black box data
- CCTV or traffic footage
- Medical records
- Victim’s paychecks
- Photos of the wreck
- Police report
- Witness statements
- Vehicle repair receipts
If you need assistance gathering proof for a driveway accident claim, call us at (888) 488-1391. Our dedicated injury lawyers can help you collect evidence that can support your claim.
Potential Compensation In A Driveway Accident Claim
If you sustained injuries in a driveway accident, you may be able to recover compensation from the responsible party. You might be wondering what your claim may be worth. It depends on what damages you incurred from the accident.
Damages in your driveway accident claim:
Medical Expenses
Driveway accidents can result in serious injuries that require extensive surgeries and rehabilitation. Common injuries include:
- Crushed or broken bones
- Cuts and bruises
- Neck and back injuries
- Spinal cord damage
- Traumatic brain injuries
- Amputations
A personal injury claim can help them and their families recover compensation for medical bills, including:
- Hospital fees
- Doctor’s fees
- Medications
- Long-term care
- Rehabilitative treatment
- Medical devices
- Accessibility needs
- Disability
Property Damage
Driveway accidents can also lead to property damage. If someone hits your vehicle in a driveway crash, you may be able to recover the following in your claim:
- Loss of vehicle use
- Reduced vehicle value
- Costs of vehicle repair
- Costs of vehicle replacement
If the accident occurred in your home and destroyed part of your house or property, you may have the right to seek indemnification to cover the cost of repairs. Find out what steps to take next by speaking with a qualified attorney.
Lost Wages
An accident on a driveway can result in severe injuries or disabilities that prevent victims from earning a living. Compensation for lost wages covers missed income during recovery and reduced future earning capacity if injuries limit your ability to work. A skilled injury lawyer can help you pursue a settlement that reflects your losses.
Loss of income damages may include:
- Regular salary
- Bonuses and incentives
- Commissions
- Missed promotion opportunities
Pain And Suffering
Pain and suffering damages compensate for the physical and emotional toll of a driveway accident. They include:
- Chronic pain, discomfort, or limitations from injuries that impact daily life, work, or hobbies.
- Psychological effects such as anxiety, depression, fear, and grief from the trauma.
- Reduced ability to enjoy activities or personal relationships due to injuries.
- Flashbacks, nightmares, and heightened anxiety.
Punitive Damages
Punitive damages are rarely awarded and only apply if the at-fault party acted with extreme negligence or intentional misconduct. Unlike compensatory damages, which cover your losses, punitive damages are meant to punish serious wrongdoing and discourage it in the future. To qualify, clear evidence of malice, oppression, or fraud is required.
What To Do After A Driveway Accident
You may have no clue how to proceed in a driveway accident. Nevertheless, you must understand what your next steps should be. Here are some recommended steps to consider that may help protect your rights and strengthen your claim:
- Call 911 — Report the accident to the police if there are injuries or fatalities. Wait for the authorities and obtain a police report.
- Go to the Doctor — Get medical attention immediately, even if injuries seem minor. Keep all medical records and follow your treatment plan.
- Collect Evidence — Take photos and videos of damage, injuries, skid marks, and CCTV footage. Gather contact details from witnesses and document all medical treatment, receipts, and insurance correspondence.
- Consult an Experienced Driveway Accident Lawyer — A lawyer can gather evidence, handle insurance negotiations, and build a strong case on your behalf. If insurance companies contact you, take their details, but do not discuss the accident. Refer them to your lawyer.
Historical Data On Driveway Accidents
According to NHTSA’s report on Fatalities and Injuries in Motor Vehicle Backing Crashes, most backover incidents involve passenger vehicles. Specifically, among cases where the type of striking vehicle is known, 78% of backover fatalities and 95% of backover injuries involve passenger vehicles. Both children under 5 years old and adults aged 70 and older face higher risks in backover incidents compared to other age groups.
According to the American College of Surgeons (ACS), as of October 2015, children left unattended in or around cars face higher risks of injury or death from motor vehicles. The data reveal that over 50% of child deaths involving non-traffic incidents occur when a child gets run over by a motor vehicle in a driveway or while the car is backing up. In most cases, the driver is a parent or close family member.
Non-traffic surveillance (NTS) data for 2017–2021 from the NHTSA showed the scope of non-traffic crashes, which include driveway accidents, remains significant. Furthermore, 39% of backover fatalities occur in residential spaces, such as driveways and the parking lots of apartment and townhouse complexes. The Insurance Institute for Highway Safety’s (IIHS) child safety report for 2022 states that non-residential parking lots account for only 17% of backover fatalities but 52% of backover injuries.
Driveway Accident? Call Our Attorneys For Legal Help
Motor vehicle accidents can happen anywhere, even in the familiar surroundings of your driveway. California motorists must be vigilant not only on highways and boulevards but also in their driveways, where unseen dangers lurk.
Understanding the causes of driveway accidents, recognizing all potentially liable parties, and knowing your rights under California law are crucial steps toward obtaining fair compensation after a driveway accident. These cases often involve complex questions of premises liability, automotive negligence, and insurance coverage that can be overwhelming for victims already dealing with injuries or the loss of a loved one.
The experienced personal injury lawyers at Arash Law handle driveway accident cases throughout California. We have the resources, knowledge, and determination to investigate your accident thoroughly, identify responsible parties, and build your case from the ground up. Whether you were injured while backing out of your driveway or a negligent driver struck your child, our dedicated legal team can help you seek justice.
Don’t let insurance companies minimize your suffering or pressure you into accepting inadequate settlement offers. Contact our skilled driveway accident attorneys at Arash Law at (888) 488-1391, or complete our contact form to schedule your free, no-obligation case evaluation.
Our team is available 24/7 to answer your questions and guide you through every step of the legal process. We serve Los Angeles, Sherman Oaks, Pasadena, Long Beach, Sacramento, San Jose, Riverside, San Francisco, San Diego, Fresno, Orange County, San Bernardino County, Santa Clara County, Alameda County, and Contra Costa County.
