Parking lots bring cars and people together in tight spaces, which makes backing out of parking spots risky. In Schaumburg, places like shopping centers, restaurants, and offices are busy all day with both vehicles and pedestrians. When a driver backs out, they might have only a few seconds to notice someone walking behind them.
Even at low speeds, these accidents can cause serious injuries because pedestrians have little protection. When I help someone hurt in a Schaumburg parking lot, I carefully review what both the driver and pedestrian were doing, check for any blocked views, and look for surveillance footage or other evidence to understand how the accident happened.
Back-over accidents can happen anywhere in Schaumburg and nearby towns like Arlington Heights, Buffalo Grove, and Des Plaines. These accidents might occur when drivers leave parking spots or near places like loading zones, garages, or schools.
Figuring out who is at fault takes more than just knowing the car was in reverse. I look at whether the driver was paying attention, if the pedestrian could be seen, if backup cameras or mirrors should have helped, and if anyone else or a business played a part in the accident.
Just because a car is moving slowly does not mean injuries will be minor. Even regular cars are very heavy, and larger vehicles like SUVs or trucks weigh even more. If one of these hits a pedestrian, the person can be knocked down and may suffer serious injuries, especially if the vehicle keeps moving and causes more harm.
In these cases, I look at the different ways someone can get hurt. A bumper might hit a person’s legs or hips, and they could fall and hit their head. Someone trying to get out of the way might twist and injure a knee, ankle, or their back. Older adults are more likely to break bones or hurt their heads, and children can be hard for drivers to see because they are shorter.
A back-over accident can cause broken bones, head injuries, spinal problems, and other serious harm. If the injuries are severe, I also look at what medical care will be needed in the future, whether the person will need rehab, if they will lose income, and how the accident affects their daily life. paying attention to pedestrians, and making sure it is reasonably safe before continuing in reverse.
Many cars now have backup cameras and sensors, but these do not replace the driver’s duty to watch where they are going. If a driver is distracted by a phone, radio, or talking to others, they might not see a pedestrian who is clearly there. Drivers must yield to pedestrians crossing within qualifying crosswalks when the statutory conditions are met. Illinois law also requires drivers emerging from certain private roads, alleys, buildings, and driveways to yield to pedestrians when necessary to avoid a collision.
A parking lot accident may not fit neatly into every roadway provision of the Illinois Vehicle Code, so I do not base a claim on one traffic statute alone. Negligence can also be established by examining whether the driver behaved as a reasonably careful motorist would have under the circumstances.
Right-of-way disputes are common after parking lot pedestrian accidents. Drivers sometimes argue that the pedestrian suddenly appeared behind the vehicle. Pedestrians may say the vehicle began backing without warning when they were already walking through the aisle.
The answer depends heavily on the facts. I look at where the pedestrian was walking, when the vehicle began moving, whether brake or reverse lights were visible, how far the pedestrian was from the vehicle, and whether either person had a reasonable opportunity to avoid the impact.
A pedestrian generally should exercise reasonable care for their own safety, but that does not give a driver permission to reverse without carefully checking the area behind the vehicle. The person operating the vehicle is controlling a large piece of machinery in an area where pedestrian traffic should be expected.
This distinction becomes particularly important in busy Schaumburg shopping areas where motorists know, or should know, that people may be walking between parked vehicles, returning shopping carts, loading children into cars, carrying groceries, or moving toward store entrances.
Insurance companies frequently try to shift some responsibility to injured pedestrians. They may argue that the pedestrian was looking at a phone, walking outside a marked pedestrian route, moving behind a vehicle with illuminated reverse lights, or failing to react quickly enough.
Illinois follows a modified comparative fault rule. Under 735 ILCS 5/2-1116, an injured person can generally recover damages when their share of fault is 50 percent or less, but the recovery is reduced according to that percentage of fault. If the injured person is found more than 50 percent responsible for the injury, recovery is barred.
For example, if damages were determined to be $200,000 and the pedestrian were found 20 percent responsible, the potential recovery would ordinarily be reduced by 20 percent. That is why I take allegations of pedestrian fault seriously from the beginning of the claim.
An insurance adjuster’s accusation does not establish legal responsibility. Video footage, witness accounts, vehicle positioning, photographs, and other evidence may show that the pedestrian had little or no opportunity to avoid the collision.
Parking lots frequently contain some of the most valuable evidence available in a pedestrian accident claim. Grocery stores, malls, restaurants, banks, pharmacies, office buildings, apartment complexes, and neighboring businesses may have exterior security cameras pointing toward the area where the accident occurred.
That footage can show when the pedestrian entered the driving aisle, when the vehicle began reversing, how quickly the vehicle moved, whether the driver stopped, and whether the pedestrian could reasonably have seen the vehicle coming.
I consider video preservation a priority because businesses do not necessarily retain surveillance footage indefinitely. A camera recording that exists immediately after an accident may later be overwritten through the property’s normal recording system.
Other important evidence may include photographs, witness statements, police reports, vehicle damage, backup camera information, electronic vehicle data, nearby dash cameras, and records concerning commercial drivers when a business vehicle is involved.
Most back-over accidents focus primarily on the driver, but I also investigate whether the design or maintenance of the property contributed to the collision.
A parking lot may have obstructed sight lines, poorly positioned landscaping, inadequate lighting, confusing traffic patterns, damaged pedestrian markings, or construction materials that block visibility. A delivery truck may be positioned in a location that prevents drivers and pedestrians from seeing one another. Shopping cart structures or temporary signs may create similar problems.
Property-owner liability is not automatic simply because the accident happened in a parking lot. I would need evidence showing that a dangerous property condition contributed to the injury and that the owner or another responsible party can legally be held accountable for that condition.
When several people or businesses contributed to an accident, identifying every potentially responsible party becomes particularly important.
Delivery vans, rideshare vehicles, landscaping trucks, maintenance vehicles, construction trucks, and other commercial vehicles frequently enter parking lots throughout Schaumburg and surrounding suburbs. A pedestrian struck by a commercial vehicle may have claims involving more than the individual driver.
If the driver was acting within the scope of employment, the employer may potentially bear responsibility. Depending upon the facts, I may examine hiring and training practices, company safety policies, vehicle ownership, driver records, electronic communications, and whether the driver was rushing to meet delivery or scheduling demands.
Commercial cases may also involve larger insurance policies and additional sources of compensation. I do not assume that the person behind the wheel is the only defendant simply because that person physically caused the collision.
A pedestrian injury claim should account for the full financial and personal consequences of the collision. Medical expenses are only one part of the damages I evaluate.
An injured pedestrian may require emergency treatment, hospitalization, surgery, physical therapy, orthopedic treatment, neurological care, assistive equipment, or future medical procedures. If the injuries prevent the person from working, lost wages and diminished earning capacity may also become part of the claim.
Illinois personal injury damages may also include compensation for pain and suffering, disability, disfigurement, and loss of normal life when supported by the facts and evidence. Serious pedestrian injuries can affect a person’s independence, mobility, ability to work, recreational activities, and family responsibilities long after the initial medical bills have been paid.
Evidence is often strongest immediately after a parking lot collision. Tire positions change, vehicles are repaired, witnesses become harder to locate, and video recordings may disappear.
I want photographs showing where the vehicle and pedestrian were located, the configuration of the parking space, nearby signs, lighting conditions, visibility obstructions, and any physical evidence left at the scene. When available, surveillance recordings can provide an objective account that is difficult for an insurance company to dispute.
Illinois generally requires personal injury actions to be filed within two years after the cause of action accrues under 735 ILCS 5/13-202, although particular circumstances can affect filing deadlines. Waiting until the deadline approaches, however, can create unnecessary problems with evidence that may have disappeared months or years earlier.
If a driver backed into you or a family member in a parking lot, I can investigate how the collision occurred and determine who may be responsible. Back-over accidents can cause fractures, traumatic brain injuries, spinal injuries, orthopedic damage, permanent disability, and other serious harm even when the vehicle was traveling at relatively low speed. I can examine surveillance footage, witness testimony, vehicle evidence, property conditions, insurance coverage, and the conduct of the driver to build a claim based on the complete circumstances of the accident.
At SJ Injury Law, I represent people injured by negligent drivers throughout Schaumburg, Chicago, and communities across Illinois. I also serve injured clients in Arlington Heights, Buffalo Grove, Des Plaines, Mount Prospect, Northbrook, Palatine, Prospect Heights, Wheeling, Park Ridge, Rosemont, Glenview, and surrounding areas.
If you were hurt in a parking lot accident, contact our Schaumburg accident lawyer at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation. I can review what happened, identify the available evidence and insurance coverage, and explain the legal options available for pursuing compensation for your injuries.
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