Illinois Backup Car Accident Lawyers

Top-Rated Injury Attorneys for Pedestrians and Children Run Over By a Backing Car

Backup car accidents—also known as backover collisions—are among the most common and preventable types of car accidents. They often occur in driveways, parking lots, and areas with limited visibility. While many of these incidents result in minor vehicle damage, others can cause severe injury or death, especially when pedestrians or children are involved. Despite safety improvements in vehicles, backup accidents continue to pose a significant risk to public safety.

At John J. Malm & Associates, we’ve seen firsthand how devastating a seemingly minor backup accident can become. A moment of inattention behind the wheel can lead to life-altering injuries or even death—especially when children or elderly pedestrians are involved. Our experienced Illinois car accident lawyers are dedicated to helping victims of preventable accidents obtain justice and fair compensation. With a long-standing reputation for excellence, a track record of results, and personalized legal support, we serve injured clients in Naperville, Aurora, St. Charles, Chicago, and throughout Illinois.

What Is a Backup Accident?

A backup accident occurs when a vehicle is moving in reverse and collides with an object, another vehicle, or a person. These accidents most commonly occur:

• In residential driveways
• In parking lots and garages
• Near schools or playgrounds
• In congested urban areas

The injuries from these crashes can range from minor bruises to fatal trauma, particularly when the victim is a pedestrian, cyclist, or small child.

Statistics on Backup Accidents

Despite technological advances such as rearview cameras and parking sensors, backover incidents remain a concerning issue.

National Statistics

According to the National Highway Traffic Safety Administration (NHTSA):

• Approximately 210 people are killed and 15,000 are injured each year in backover crashes in the United States.
• Children under five and adults over 70 are especially vulnerable. In fact, 31% of backover fatalities involve children under five years old.
• More than 70% of backover accidents involve a driver backing up in a residential driveway or parking lot.

A separate report by the Insurance Institute for Highway Safety (IIHS) found that rear visibility varies widely by vehicle type. Pickup trucks and SUVs, for example, have significantly larger rear blind zones than smaller passenger cars and are more likely to be involved in backup accidents.

Vehicle Type and Risk

The risk of a backup accident is closely tied to the type of vehicle:

• SUVs and pickup trucks are disproportionately involved in fatal backover crashes because of their elevated height and large blind spots.
• Sedans and compact cars generally pose less risk, although driver inattention can still lead to collisions.

Causes of Backup Car Accidents

Backup accidents are often caused by a combination of human error and environmental factors. Common contributing factors include:

1. Blind Spots

Many vehicles—especially larger ones—have significant blind zones in the rear. Even with mirrors and cameras, it is possible to miss small children, pets, or low-lying objects.

2. Distracted Driving

Drivers may be distracted by:

• Cell phones
• GPS devices
• In-car entertainment systems
• Conversations with passengers

Even a few seconds of distraction can lead to a devastating incident when reversing.

3. Poor Vehicle Design

Not all vehicles are created equal when it comes to visibility. Some cars, particularly older models, lack rear cameras or sensors that can help prevent accidents.

4. Speed and Carelessness

Drivers who back up too quickly, fail to check mirrors, or do not use proper techniques are much more likely to cause a collision.

5. Lack of Supervision

Many backover accidents involve children who are unsupervised in driveways or residential areas. Drivers often fail to notice them before it’s too late.

Common Injuries in Backup Accidents

Backup accidents can cause a wide range of injuries, including:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Fractures and broken bones
• Internal organ damage
• Lacerations and abrasions
• Fatalities, especially among young children or elderly individuals

The outcome of a backup accident often depends on the speed of the vehicle, the size and weight of the vehicle, and the vulnerability of the victim.

Who Is Most at Risk for Backover Accidents?

Children

Children under the age of five are most frequently injured or killed in backup accidents. Because they are small and may be difficult to see, they can easily go unnoticed behind a reversing vehicle.

• The NHTSA reports that children under five account for more than one-third of backover fatalities.
• In many cases, the driver is a parent or relative who is unaware of the child’s presence.

Elderly Pedestrians

Older adults may have slower reaction times or mobility issues that make it difficult for them to avoid a moving vehicle.

Workers and Delivery Personnel

Employees who work in loading zones, parking garages, or construction sites are also at increased risk of being struck by a backing vehicle.

Legal Liability in Backup Accidents

In most backup accidents, the driver who was reversing is presumed to be at fault. The Illinois Vehicle Code (625 ILCS 5/11-1402) require drivers to ensure that it is safe to move their vehicle backward before doing so.

Common Legal Theories in Backover Cases:

1. Negligence
   • The driver owed a duty of care.
   • The driver breached that duty by failing to look or using unsafe backing procedures.
   • The breach caused injury or death.
2. Negligent Supervision
   • If a child is injured, a case may involve negligent supervision by a daycare, school, or even a parent depending on circumstances.
3. Product Liability
   • If a rearview camera or sensor system malfunctioned or was defectively designed, the vehicle manufacturer could be held liable.
4. Premises Liability
   • If poor parking lot design contributed to a backover incident, the property owner or manager may share responsibility.

Technological Solutions to Prevent Backup Car Accidents

Technology has played an important role in reducing backup accidents, but it is not foolproof.

Rearview Cameras

Since May 2018, all new vehicles sold in the U.S. are required to have backup cameras. This mandate, issued by the NHTSA, aimed to reduce backover fatalities. Early evidence shows these systems reduce the risk of backover crashes by approximately 17%, according to a study by the IIHS.

Parking Sensors

Auditory alerts can help drivers detect nearby objects. However, these sensors often fail to detect small children or objects under a certain height.

360-Degree Cameras and Cross-Traffic Alerts

Some higher-end vehicles now offer complete camera systems and cross-traffic alerts, which significantly improve situational awareness.

Limitations of Technological Tools

While these tools help, they are not a substitute for driver vigilance. Many backup accidents still occur despite technological assistance due to driver overreliance on systems or failure to check surroundings manually.

How to Prevent Backup Accidents

For Drivers

• Always walk around your vehicle before reversing, especially in residential areas.
• Use mirrors and rearview cameras in combination—not one or the other.
• Back up slowly and be prepared to stop quickly.
• Avoid distractions and stay focused when reversing.
• Keep children supervised and teach them not to play behind vehicles.

For Parents and Caregivers

• Educate children about the dangers of vehicles.
• Create play areas away from driveways and streets.
• Always check for children before backing up, even if you think they are inside the house.

For Property Owners

• Design parking lots with clear visibility and adequate signage.
• Install mirrors or barriers in high-risk areas like parking garages.

Legal Remedies for Backover Accident Victims

Victims of backover accidents may be entitled to compensation through a personal injury or wrongful death claim. Available damages may include:

• Medical expenses
• Rehabilitation and therapy costs
• Pain and suffering
• Lost wages or loss of future earning capacity
• Funeral and burial costs (in fatal cases)
• Loss of consortium or companionship

What to Do After a Backup Accident

If you or a loved one has been involved in a backover collision:

1. Seek immediate medical attention.
2. Contact local law enforcement to create an accident report.
3. Take photographs of the accident scene, including the vehicle and surroundings.
4. Obtain witness information if possible.
5. Do not admit fault at the scene or to insurance companies.
6. Consult an experienced Illinois car crash attorney to evaluate your legal options.

Frequently Asked Questions About Backup Car Accidents in Illinois

Who is most commonly injured in a backup accident?

Children under age 5 and elderly pedestrians are most frequently injured or killed in backover collisions.

Is the driver always at fault in a backup accident?

Generally, yes. Drivers have a duty to ensure it is safe before reversing. However, liability may be shared depending on the circumstances (e.g., a malfunctioning sensor or negligent supervision).

Do rearview cameras eliminate backup accidents?

No. While they help reduce risk, accidents still happen due to driver error, poor visibility, or overreliance on technology.

Can I sue if I was hit by a car backing out in a parking lot?

Yes. You may be entitled to compensation for your injuries, lost wages, medical bills, and pain and suffering. Contact a personal injury attorney to explore your legal options.

What if a child was injured in a backover crash?

The child’s parents or guardians can file a claim for compensation. If another party—like a school, daycare, or vehicle manufacturer—was negligent, they may also be held liable.

Can I file a wrongful death claim for a backup accident?

Yes. In Illinois, close family members (e.g., spouses, parents) can pursue a wrongful death lawsuit if a loved one was killed due to someone else’s negligence.

Contact the Award-Winning Illinois Backup Car Accident Lawyers at John J. Malm & Associates

Backup accidents are preventable tragedies that often involve innocent victims—particularly young children and the elderly. While technological advances like rearview cameras have helped, the most effective prevention strategy is careful, attentive driving. When an accident does occur, victims and families may have legal recourse under Illinois law.

At John J. Malm & Associates, we understand how traumatic a backup accident can be—especially when it involves a child or elderly loved one. You may be facing painful injuries, overwhelming medical bills, or devastating grief. We are here to help you understand your rights, investigate the accident, and pursue full and fair compensation. Our team of dedicated Illinois injury attorneys has successfully represented clients in Kane Count, DuPage County, Cook County, Will County and across Illinois in serious car accident and wrongful death cases. We offer personalized legal guidance, aggressive representation, and no fees unless we win your case.

Don’t wait. Let us help you protect your family and your future.

Call us today at (630) 527-4177 or contact us online to schedule a free consultation.