You’ve just finished loading groceries into your car in the grocery store parking lot. You’re backing out to leave, when you and another vehicle suddenly collide.
In your view, the other car came out of nowhere just as you were backing up. The other driver’s take is that you pulled out without ensuring the way was clear. Before you know it, you’re each blaming the other.
This is far more common than you might think. Backing up accidents, whether in a parking lot, driveway, or roadway, can result in serious injury and even death.
It may be difficult to imagine someone being killed in a backing up accident when we’re talking about relatively slow speeds, but unfortunately, the facts speak for themselves.
Astonishingly, every year in the United States, thousands of children are injured or killed in a backing up accident—at least 50 children every week. That statistic alone is enough to warrant heightened vigilance.
So, who is responsible for these accidents? Who is at fault in a car accident when backing up?
Table of Contents
- Is the Person Backing Up Always at Fault?
- How Do You Determine Who Is at Fault When Backing Up?
- Who Is at Fault in a Parking Lot Accident When Backing Up?
- Who Is at Fault When Backing Out of a Driveway?
- Who Is at Fault When Backing Up on a Roadway?
- What Is Right of Way and How Does It Apply When Backing Up?
- When Is the Driver Backing Up Not at Fault?
- What If Both Drivers Make Mistakes?
- Who Pays in a No-Fault Accident?
- How to Avoid a Car Accident When Backing Up
- What Should You Do in the Event of a Car Accident When Backing Up?
- How Can BK Law Help in a Car Accident Case?
- Contact a Personal Injury Lawyer at BK Law Today
Is the Person Backing Up Always at Fault?
Most people tend to assume the driver of the reversing car is always the one at fault. Well, that depends. Yes, the reversing driver often bears some blame for the accident, but that doesn’t mean total responsibility. Liability depends on a number of factors that can create a complex situation where apportionment of blame isn’t always clear. Were both cars in motion? What were the surroundings like? Were both drivers following the rules of the road? Fort Lauderdale Car Accident Lawyers take these and other details into account in determining and proving percentage of blame.
How Do You Determine Who Is at Fault When Backing Up?
Let’s take a look at a few of the factors that could come into play in deciding who is to blame.
Who Had the Right of Way?
Generally, drivers are required by law to yield to the driver with the right of way. However, even a driver with the right of way has a duty to drive responsibly. Drunk driving, distracted driving, reckless driving—all of these can result in the reversing driver sharing the blame despite having the right of way.What Part of the Car Was Damaged?
What part of the vehicle was damaged can reveal information about the circumstances of the accident. For example, the investigation may reveal that the damage is on the rear of the vehicle that was backing up and on the front of the other vehicle. Investigators might conclude that the other vehicle had visibility and time to stop before hitting the driver who was backing out. On the other hand, damage on the rear of the vehicle backing out and the side of the other vehicle would reveal that the reversing driver backed into a vehicle visibly behind it.Was the Other Vehicle in Motion?
Hitting a parked vehicle when backing up is a common occurrence in parking lots, tight parking spaces, and when parallel parking. The driver of the moving vehicle is at fault in these circumstances.Were There Witnesses Present?
Driver statements often differ regarding the events during an automobile accident. Witnesses can help in such a case. It’s important to get their names and phone numbers if possible.Who Is at Fault in a Parking Lot Accident When Backing Up?
Parking lots can be a nightmare, whether during a holiday season or simply a Sunday evening grocery trip. As some cars are backing out, others are driving up and down (or across!) the densely-packed lanes looking for a spot—and all are maneuvering through people and shopping carts. According to the National Safety Council, tens of thousands of backing up accidents happen every year in parking lots and parking structures. Who is at fault in a parking lot accident when backing up depends on each situation. Let’s take a look at some of the more common scenarios.
Two Cars Backing Up
This is a typical situation in which two vehicles back into one another in a busy parking lot. Barring extenuating circumstances, both drivers are likely to share liability for the accident since both vehicles were in motion.Backing into a Parked Car
The driver backing into a parked car is liable.Backing Out into a Moving Car
When a driver pulls out of a parking spot and backs into a moving vehicle that has the right of way, the reversing driver is generally at fault for the accident. However, as noted above, there are additional elements that may shift partial responsibility onto the other driver. For example, blame may be shifted or shared in cases where the driver with the right of way was distracted, under the influence, not following traffic laws, speeding, or otherwise practicing unsafe driving.
Who Is at Fault When Backing Out of a Driveway?
The driver of the vehicle backing out of the driveway is required to yield to passing traffic and pedestrians. Drivers are responsible for checking behind their vehicle before proceeding to back out. This places responsibility on that driver for any accident that occurs due to their negligence. These cases can become complex when a driver who is already in motion on the roadway is speeding, driving recklessly, or is otherwise negligent. In these cases, there may be shared responsibility for the accident.
Who Is at Fault When Backing Up on a Roadway?
Backing up on a roadway can be a very dangerous decision in which the reversing driver is liable for any injuries that occur. It is illegal to back up on many roadways, highways, and shoulders, and can even result in criminal charges such as reckless driving. Florida law states that drivers should not back up their vehicle in any situation in which it would interfere with traffic or otherwise be considered unsafe.
What Is Right of Way and How Does It Apply When Backing Up?
Typically, the vehicle that is already in motion and passing behind has the right of way when another vehicle is backing up. The exception is that, during the process of backing up, there is a point at which the right of way shifts to the vehicle backing out—typically when the car is well into the reversing motion, which should give other cars fair notice to yield.
To learn more, schedule a free consultation with us today.
When Is the Driver Backing Up Not at Fault?
The driver backing up, even without right of way, is not always completely at fault. In the scenarios below, the other driver will likely share some measure of liability.
Reckless Driving
Reckless driving is a traffic violation and refers to driving with disregard for people or property. It could mean any number of things, including failing to use turn signals, tailgating, not following traffic lights/signs, or improper lane changes.Failure to Yield
If the reversing driver has backed up enough that it should be clear to other drivers, the reversing driver has the right of way. Cars driving behind are then expected to yield.Speeding
If a driver has the right of way but was speeding at the time it was hit by the car backing up.Negligence
Negligence involves issues such as driving under the influence of alcohol/drugs or distracted driving (e.g., driving while texting). In such cases, even if the negligent driver has the right of way when hit by the driver backing up, there is likely to be a shared responsibility for the accident.What If Both Drivers Make Mistakes?
The reality is that, in many accidents, it isn’t just one driver’s fault. Everyone involved in the accident usually has something to do with it. So, what then? Won’t that make it difficult to determine who has to pay? The answer is that both of you have to pay. Florida is a pure comparative negligence state. This means even if you’re partially responsible for a backing up accident, you can still recover compensation in a personal injury claim. However, the comparative fault rule means your total compensation will be reduced according to your degree of fault (i.e., your percentage of blame for the accident). Let’s say the determination is that you were 20% to blame. In that case, you’d end up with 80% of what the case is worth. The thing is, formulas for determining percentage of liability can get tricky. That’s where an experienced personal injury lawyer who can ensure liability is apportioned correctly is a huge asset. Keep in mind— it’s in the insurance company’s interest to lay as much of the blame for the car accident on you as possible. The more liable you are, the less they have to pay out. At BK Law, we’re on to these tactics. We push back on insurance companies so they can’t take advantage of you.
Who Pays in a No-Fault Accident?
Florida uses what’s called a “no-fault” insurance system. Contrary to its name, this doesn’t mean there was no fault. It simply removes the question of fault. Regardless of fault, both drivers are required to go to their own insurance provider for relief. Florida law requires that drivers must carry insurance that includes coverage called personal injury protection or PIP. PIP covers economic damages related to the accident—damages such as medical expenses and lost income. It doesn’t cover non-economic losses that are more personal and subjective, such as pain and suffering or emotional distress. If, however, your injuries are especially serious and meet the legal threshold, you can file a third-party claim against the other driver and force their insurance provider to cover the non-economic losses that are not covered by PIP.
How to Avoid a Car Accident When Backing Up
There are several ways to avoid causing a serious and/or fatal accident when backing up:
- Check rear and side mirrors
- Use vehicle technology (backup cameras, sensors, etc.)
- Be aware of surroundings and continue to check as you back up
What Should You Do in the Event of a Car Accident When Backing Up?
After you’ve been in a car accident, you’re likely to be shaken and feel disoriented. It’s important to try to remain calm and take steps to ensure you have what you need if you choose to pursue legal action. If you can manage it, here are some steps to take following a car accident:
- Call 911
- Check whether the other driver, passengers, or bystanders need immediate assistance
- Exchange insurance and contact information with other driver; get witnesses’ names if possible
- Do NOT admit or accept fault and don’t get into details with anyone until you’ve talked to an attorney
- Notify your insurance carrier
- Take photos or videos of the site
How Can BK Law Help in a Car Accident Case?
Being in a car accident takes its toll on all aspects of your life. On top of trying to recover from physical and emotional injuries, you’re trying to deal with the bills that keep piling up. BK Law can help. We’re an established, well-respected personal injury firm with decades of experience in personal injury law. Our attorneys have won hundreds of millions of dollars for our clients. We’ll fight just as hard for you. As part of our commitment to excellence, here’s what you can expect us to do:
- Investigate the accident
- Review evidence, including crash reports and surveillance footage
- Consult with experts
- Negotiate with the insurance companies
- Represent you in court if the insurance company won’t play fair
Contact a Personal Injury Lawyer at BK Law Today
Contact the Fort Lauderdale personal injury lawyers at BK Law to meet with our legal team. We’ll review your case and go over your legal options. Your first consultation is free, and you owe us nothing unless we’re able to secure a financial award on your behalf. Call today.
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