Who Is at Fault in a Car Accident When Backing Up?
Posted August 27th, 2020 by Anthony Carbone.
Parking lots witness many accidents. This fact can be attributed to factors such as cramped parking spaces, the presence of pedestrians, unique layouts, and unusual traffic flow. Consequently, drivers need to be extra careful when backing up their vehicles. Any negligence or distraction could have disastrous consequences on both the driver and other parties.
Unfortunately, accidents can still happen. Therefore, it is vital that drivers understand who is at fault in a car accident when backing up. Let’s look at the different scenarios that could lead to backing up accidents and how to determine fault in such situations.
If you were recently in a parking lot accident, consult a Union City Personal Injury Attorney about your rights and legal options.
Common Backing Up Accidents
Backing up accidents can happen in any number of ways. When they do, determining fault can be difficult as they don’t usually involve traffic signs, speed limits, or street lights. Nonetheless, Insurers and attorneys can consider factors such as the speed of both cars, failure to yield, and the traffic flow to establish fault.
Backing up accidents are common in parking lots. They can also occur when a car is street-parking or backing out of a driveway. In a parking lot, accidents can happen when a vehicle:
- Backs into a spot hitting the vehicle behind it
- Backs out of a spot and hits another vehicle backing out of a spot
- Backs out of a spot and hits a moving vehicle in the traffic lane
- Backs into a pedestrian or cyclist
Determining Fault in a Backing Up Accident
Determining fault in any car accident is important. It helps establish who is liable for damages and who is eligible for compensation. After a backing up accident, fault is determined by considering the following two factors:
- Which Car Was Moving?
If a moving car backs up into a stationary vehicle, the moving vehicle is typically at fault. However, things can get complicated when the stationary vehicle is illegally parked on a public roadway or extends into the lane. It is important to note that this does not apply to parking on private property.
- Which Driver had Right-of-Way?
The most essential factor in these accidents is right-of-way. Generally, a car in the traffic lane has right of way. This means that you should allow moving vehicles to pass and only back up into a clear lane. Additionally, you should be aware of the action of other drivers and public traffic lanes.
Exceptions to the Rule
Determining right of way is only the first step. Sometimes, drivers can forfeit their right of way if they were speeding, driving recklessly, or they failed to yield.
Contact a Union City Personal Injury Attorney Today
Backing up is not always black and white. You might need to back up into an empty street today and into a busy and crowded one tomorrow. This means that you always run the risk of getting into an accident with another driver or pedestrian.
Fortunately, you can ensure your rights are protected in such an event. An experienced attorney can help you determine fault and get compensated for your losses, where necessary.
If you have been involved in a car accident while backing up, contact the Law Offices of Anthony Carbone to speak to a Union City Personal Injury Attorney.