Illinois Driveway Accident Lawyers

Attorneys for Pedestrians and Bicyclists Hit By Cars Backing Out of Driveways

Driveway accidents, collisions that occur in or very near private driveways, garage aprons, and the short stretches of roadway that connect homes and businesses to the street, are often overlooked in conversations about traffic safety. Yet these car accidents can be devastating. They disproportionately affect children and older adults, frequently involve low speeds, but catastrophic outcomes, and raise complicated questions about responsibility and insurance.

At John J. Malm & Associates, we are widely recognized throughout Illinois for our unwavering commitment to injury victims and their families. With over 90 years of combined experience, our team has built a reputation for meticulous investigation, strategic advocacy, and compassionate client service. Whether a case involves a serious crash, a devastating driveway accident, or a complex wrongful death claim, our award-winning Illinois car accident attorneys approach every matter with the skill, tenacity, and personal attention it deserves. Our goal is simple: to protect our clients’ rights, hold negligent parties accountable, and secure the full and fair compensation they need to rebuild their lives.

“Driveway accidents are often sudden and heartbreaking. They happen close to home, and yet the legal and medical consequences can last a lifetime. We focus on getting clear answers, preserving critical evidence, and helping families secure the funds they need to cover treatment and future care.” — John J. Malm, Naperville car accident attorney

How Common are Driveway and Backover Crashes?

National and state statistics show that backover and driveway-related incidents remain a persistent problem. The National Highway Traffic Safety Administration (NHTSA) estimates hundreds of deaths and thousands of injuries occur each year in backover crashes, many of which happen when a vehicle is backing out of a driveway or a parking space. Children under five and adults over 70 are particularly at risk.

Typical Scenarios That Lead to Driveway Accidents

Driveway crashes occur in a number of predictable situations. Understanding these scenarios helps families, property owners, and drivers take sensible precautions.

• Backing out of a driveway onto a street: A frequent and particularly dangerous scenario is when a driver reverses from a driveway and strikes a pedestrian, often a small child, who walked behind the vehicle. National data shows backovers account for hundreds of deaths and many thousands of injuries each year.
• Entering a driveway and making a left turn: At busy commercial driveway entrances, the vehicle entering the property often turns left across oncoming traffic and is involved in left-turn collisions. Studies of Illinois driveway crashes have found left-turn and turning movements are a leading contributor to driveway collisions.
• Driveway/curbside maneuvers and blind spots: Large vehicles (vans, SUVs, pickup trucks), trailers, and poor sight lines created by landscaping or parked cars can hide small children or older pedestrians from a driver’s view until it is too late.
• Vehicle control errors near garages and ramps: Drivers accelerating or losing control in short driveways, sometimes while pulling into or out of a garage, can strike people who are standing or playing nearby, or collide with property. These incidents may involve older drivers with diminished reaction time or medical events at the wheel.

Who is Most at Risk of Injuries in Driveway Accidents?

Certain groups are overrepresented in driveway and backover statistics:

• Young children (especially ages 0–4): Because of their small size and tendency to play near homes, toddlers are at elevated risk of being struck while behind a vehicle. NHTSA and child-safety organizations report a substantial share of backover fatalities and injuries are children under five.
• Older adults. Adults over 70 are also vulnerable, both because of mobility limitations that make avoiding a moving vehicle more difficult and because they are more likely to suffer severe outcomes from the same impact.
• Residents of densely parked neighborhoods and multi-unit housing. Driveways that are narrow, short, or directly adjacent to sidewalks and pedestrian routes increase the chance of conflicts between vehicles and people.

Common Injuries From Driveway Crashes

Even at low speeds, driveway collisions can cause serious harm because of who is typically involved (young children and older adults) and where impacts occur (head and chest). Typical injuries include:

• Traumatic brain injuries (concussions, skull fractures).
• Skull and facial fractures.
• Spinal injuries and paralysis.
• Internal organ injuries and abdominal trauma.
• Broken bones (arms, legs, ribs).
• Long-term disability, cognitive impairment, or death.

Medical costs, rehabilitation needs, and long-term care for severe injuries can be substantial — which is why both evidence preservation and timely legal consultation matter after a serious driveway crash. CrashStats+1

Why Driveway Crashes Happen

Multiple factors commonly contribute to driveway accidents. Often, more than one factor appears in the same crash.

• Limited visibility and blind spots: Driver sight-lines when reversing are imperfect. Larger vehicles and certain vehicle designs have bigger rear blind zones. Combined with small children’s height, this creates a risky mix.
• Distraction and inattention: Busy mornings, cellular device use, rushing to appointments, or turning attention to passengers can cause drivers to fail to thoroughly check behind the vehicle before reversing.
• Poor driveway design and placement: Close spacing of driveways, driveways that require crossing multiple lanes, and driveways that open directly onto busy streets increase exposure to turning and crossing conflicts.
• Improper supervision of children: Supervision lapses, even brief, are a major part of many residential backover tragedies. Children can move quickly and quietly, and a momentary distraction can be fatal.
• Medical events and driver impairment: Sudden medical emergencies (heart attack, fainting) or impairment (medication effects, alcohol) can cause a driver to lose control during driveway maneuvers.

What To Do After a Driveway Accident

If you were involved in or witnessed a driveway crash, quick, prudent steps help safety, medical care, and any later legal claims:

• Call 911 for medical help and police if anyone is injured or if there is significant property damage.
• Keep the injured person stable while you wait for emergency responders. Do not move someone with suspected spinal or severe injuries unless there is immediate danger.
• Take photos of the scene, vehicle positions, vehicle damage, skid marks, driveway layout, and any nearby obstructions (parked cars, hedges, fencing). Photographs taken immediately preserve conditions before they change.
• Get contact details for drivers, passengers, and witnesses. Write down what you observed while it’s fresh in your memory.
• Preserve children’s clothing, toys, or items that were involved. These can be valuable evidence in a civil claim.
• Keep records of all medical treatment, diagnostics, and expenses. Request copies of police reports and crash diagrams.
• Do not admit fault at the scene or sign any documents from an insurer without consulting a lawyer. Insurers may request recorded statements that can be used against victims later.

Because evidence (vehicle positions, witness availability, and surveillance video) can be lost quickly, consulting an experienced Illinois car accident injury lawyer early helps ensure investigators preserve the most important items.

Legal Issues That Commonly Arise in Driveway Accident Cases

Driveway crashes often involve tricky liability questions and multiple potentially responsible parties.

• Negligence by the driver: Most claims begin by examining whether the driver acted negligently: failing to look, backing at unsafe speed, or driving while distracted.
• Property owner responsibility: In some cases, property owners or managers can be liable if defective driveway design, blocked sight lines caused by landscaping, or failure to maintain safe conditions contributed to the crash.
• Product liability: When equipment failure (defective brakes, faulty backup camera or sensor) contributed, vehicle manufacturers or aftermarket-part sellers may face product-liability claims.
• Insurance coverage issues: Residential driveway crashes may involve multiple insurance coverages (auto liability, homeowner’s liability) and sometimes uninsured/underinsured motorist coverage if the at-fault driver lacks sufficient insurance.

Experienced attorneys will investigate vehicle data, maintenance records, surveillance footage, witness statements, and scene measurements to build a persuasive case about liability and damages.

$826,000 Settlement Secured Our Firm After Catastrophic Driveway Collision

Our firm recently secured a $826,000 settlement for an Illinois bicyclist who was struck by a vehicle backing out of a residential driveway, a powerful illustration of how devastating these incidents can be. The collision occurred in an instant, but the force of the impact caused a catastrophic neck injury that required a complex C1–C2 spinal fusion and extensive rehabilitation. Thanks to critical evidence captured on a neighbor’s doorbell camera, our team was able to clearly establish how the crash occurred, prove the driver’s negligence, and demonstrate the long-term consequences of the injury.

Frequently Asked Questions about Driveway Accidents

Q: Are driveway accidents covered by car insurance?
A: Yes. If the driver of a vehicle caused the crash, their auto liability coverage is typically primary. However, complex situations (e.g., a neighbor’s child injured on private property) may also involve homeowners’ policies or additional coverage questions. It’s important to report the crash promptly and consult an attorney if coverage seems contested.

Q: How often do backover crashes kill children?
A: National estimates indicate that hundreds of people, including many young children, are killed in backover incidents annually, with thousands more injured. Children under five account for a substantial share of those fatalities.

Q: Can a homeowner be held responsible if their landscaping blocked a driver’s view?
A: Possibly. If landscaping or other property features create an unreasonable hazard by blocking sight lines, and the homeowner knew or should have known about the danger, a court could find some measure of liability. These cases depend on the facts and often require expert testimony about sight lines and expected visibility.

Q: What evidence is most important for proving a driveway crash claim?
A: Photographs, police reports, witness statements, surveillance video, vehicle damage and maintenance records, and any data from vehicle systems or cameras. Rapid preservation of evidence matters because footage may be overwritten and witnesses can relocate.

Contact the Experienced Illinois Driveway Accident Lawyers at John J. Malm & Associates

If a driveway accident has injured you or someone you love in Illinois, you are facing urgent decisions about health care, evidence preservation, and insurance. Our firm helps clients by:

• Coordinating immediate evidence preservation (photographs, requests for surveillance video, witness interviews).
• Obtaining police reports and crash-scene measurements.
• Working with accident-reconstruction experts and medical specialists to document how the collision happened and the full extent of injuries.
• Handling communications with insurers and fighting to protect your right to full compensation for medical bills, lost wages, ongoing care, and pain and suffering.
• Advising families about wrongful death claims, coverage disputes, and the obligations of property owners or product manufacturers where applicable.

Because video and other evidence disappear quickly and legal deadlines can be short, early action matters. If your child, an older relative, or anyone close to you was injured in a driveway crash, contact our office for a free consultation. You don’t have to handle this alone. Call us today so we can get to work on your behalf.