Q: Is driver liable if my relative was backed over in 7-Eleven lot?

A: Yes, the driver will have liability for the accident if they were deemed to be at fault. It is important to have an attorney do an investigation so that the driver's level of fault may be determined. Additionally, the 7-Eleven may even have some level of fault if the lighting wasn't sufficient, or the parking lot was designed in a dangerous manner. Schedule a free consultation to make sure a full investigation is performed so that the appropriate parties pay for your relative's injuries.

A: The driver is probably liable, but your relative's conduct would have to be examined. There are hypothetical situations in which your relative might be entirely at fault. However, liability is not binary, yes or no. It is on a scale from 0% fault to 100% fault. All of the facts of the incident have to be known to make a judgment. Further, depending on what happened, 7-Eleven might even have some proportion of fault. Your relative should talk to personal injury attorneys to discuss her potential claims. Some of us will even go to the hospital to talk to her. She should not speak to any representative of the insurer of the driver. That never goes well. The adjuster will try to get your relative to agree to facts that will place the most blame possible on your relative.

A: In California, drivers typically have a duty of care to watch for pedestrians when backing up in parking lots, even if pedestrians may be distracted. The law generally requires drivers to be aware of their surroundings and check behind their vehicle before backing up. Your relative's case likely involves what's called "comparative negligence," where both parties may share some portion of fault based on their actions.

The video footage from 7-Eleven will be crucial evidence in determining exactly what happened and how liability should be distributed. California follows a "pure comparative negligence" rule, meaning your relative could still recover damages even if partially at fault, though any compensation might be reduced by their percentage of responsibility. The driver's insurance company will likely investigate to determine their client's level of liability.

Given your relative's significant injuries requiring emergency care, surgery, and ongoing hospitalization, you should consider consulting with a personal injury attorney as soon as possible. An attorney can help secure the video evidence, communicate with insurance companies, document medical expenses, and advocate for fair compensation. The sooner you seek legal advice, the better your chances of preserving important evidence and protecting your relative's rights under California law.