Attorney Profiles

Sean M. Burke

Sean M. Burke

With more than 25 years of experience as an attorney, Sean M. Burke can help you attain the compensation you deserve after a serious personal injury. He holds an AV rating from Martindale-Hubbell, and was named Orange County Trial Lawyer Association's (OCTLA) Medical Malpractice Trial Lawyer of the Year for 2005.
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Heather J. Higson

Heather J. Higson

Heather J. Higson became a member of the State Bar of California in 1989, and joined Mr. Burke’s law firm in 2006. She has experience in every area of medical malpractice, from case inception through discover and trial.
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Auto Accidents and Backing Out of Driveways: Who Is at Fault?

April 17, 2017 @ 09:00 AM — by Sean Burke

Auto AccidentNearly every driver realizes the risks of driving. Auto accidents happen numerous times a day on roads all over America. These accidents have the potential to cause significant financial, emotional, and physical damages. In fact, many drivers avoid long car rides or driving on unfamiliar roads far from home because they fear being involved in an auto accident. However, statistics show that most accidents occur when a driver is in close proximity to their home.

Considering the amount of time a person spends traveling the familiar roads near their home, this makes a lot of sense. Still, many accidents take place even closer to home than a person would imagine, including in driveways. Backing out of a driveway is a common factor in auto accidents. The Orange County, CA auto accident attorneys at the Law Offices of Sean M. Burke can help you prove liability for the accident and obtain compensation for damages suffered.

Proving Liability

As with any car accident, it takes a lot of careful consideration and evidence to prove liability for a collision that takes place while a driver is backing out of a driveway. When a driver is reversing from a driveway, he or she is responsible for checking mirrors and ensuring the road is free of oncoming traffic or other hazards. However, there are cases in which the driver of an oncoming vehicle can be held responsible for the accident.

If the driver was driving at excessive speeds, backing out of a driveway and failed to pay attention, or made an unsafe maneuver, that driver may be held partially or fully responsible for the accident.

No matter the details of the accident, a driver should never admit fault at the scene. It is important to contact an experienced attorney, such as Sean M. Burke, as soon as possible following a collision. Mr. Burke will listen to the details of the accident, gather evidence from the scene (including witness testimony), and work with experts in the field to build a case proving liability for the car accident.

Damages in Driveway Auto Accidents

Accidents that take place while a vehicle is backing out of a driveway tend to take place at low speeds. However, this does not mean that these accidents cannot result in serious damages. Even low-impact car crashes can cause property damage and physical injury.

Injuries that are commonly associated with these types of accidents include back pain, shoulder pain, and whiplash. Each of these injuries may require costly medical care. When representing the victim of an auto accident, Mr. Burke will consider the full extent of auto accident damages to ensure his clients are justly compensated for their losses.

Avoiding Driveway Accidents

No matter how safely a person is driving, they cannot control the actions of others, so an auto accident is always a risk. Still, by taking the following precautions, individuals can minimize the chances of an auto accident when backing out of a driveway:

  • Give the road your full attention
  • Avoid talking, texting, or other distracting behaviors
  • Check all car mirrors
  • Look over your shoulder several times to check traffic from both directions
  • Be especially cautious to check for small animals and children

Contact Us

If you’ve been involved in an auto accident, it is important to have an experienced attorney on your side. Sean M. Burke has experience and expertise in auto accident cases and will fight to ensure your rights are protected. Contact us at your earliest convenience to discuss the details of your case and find out how we can ensure you are justly compensated for your losses.


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Use the form below to contact Newport Beach lawyer Sean M. Burke for help with your insurance litigation or defective products claim. Secure the help of some of the finest attorneys in the Los Angeles area today.

Law Offices Of Sean M. Burke

Irvine, CA Office

9210 Irvine Center Dr
Irvine, CA 92618

Phone: (949) 287-4191
Fax: (949) 644-3433

Honors & Awards

Sean M. Burke awarded Trial Lawyer of the Year for Medical Malpractice by the Orange County Trial Lawyers for 2009 & 2005

Top 5 Personal Injury Lawyers in Orange County by AVVO and OC Metro Magazine.