A driver who is backing up has a heightened duty under the law to make sure he doesn't hit anyone. The most common accidents occur in parking lots and driveways.
Tragic results can occur of a driver backs out of his driveway without first checking to make sure that there aren't small children behind the vehicle. I handled one such case several years ago which resulted in a child's death. Children, depending on how young they are, are not legally responsible for their actions and if a driver lives in a neighborhood where he can expect children to be riding bikes or playing in the street, on the sidewalk, behind his car, it is his responsibility to watch out for those children.
In the event that a driver does cause injuries when backing out of his driveway, his automobile liability insurance is responsible for paying the damages. He may have, as well, homeowner's insurance which might provide coverage, both medical and bodily injury, and umbrella insurance which would provide additional coverage.
Of little consolation to the injured child's family, if the responsible driver had inadequate resources to pay for the damages, his or her driving privileges can be revoked administratively, whether or not he is prosecuted.
For more information, see http://www.keenanpowell.com/faq-wc.html
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