Driving backward is dangerous for a few different reasons.
First, no matter how well a driver tries to look behind them before backing up, they always have a somewhat restricted view. They may not be able to see in the blind spots when turning their head, and can only see to one side. The rearview mirror and backup cameras tend to look straight back. The side mirrors only see the sides. Trying to check all the different ways to look behind takes time, and things can change quickly.
Second, many drivers just don’t pay good enough attention and, for whatever reason, they aren’t expecting to come across a car backing up. Maybe they are talking with passengers, changing radio stations, playing with their smartphones, or something else; there are a lot of ways for modern drivers to become distracted.
If you were in a car accident where either you were reversing and were hit or you hit a car that was backing up, you’ll want to know who is at fault. In this post, we’ll take a look.
Is the person backing up always at fault?
No, the person backing up is not always at fault. If someone hits you while you are backing up, they may be at fault. It all depends on the situation and who had the right of way.
There are many factors that will be looked at to determine who is at fault in an accident when reversing. Some of these include:
- Which cars were moving
- Who had the right of way
- What was the speed limit
- Whether one of the cars was speeding
- Visibility and weather conditions
- If there were any witnesses
- Each driver’s version of events
- Damage to each vehicle
- Skid marks
- Photographs of the scene
- Security camera or dashcam footage
- Police reports
An experienced car accident lawyer will be able to review the facts of your case and determine who is at fault. Below, we’ll go through some common backing-up accident scenarios and discuss who may be at fault in given situations.
Who is at fault in an accident where a car is backing out of a parking space
A common backing up accident occurs when one car is reversing out of a parking space and either hits another car or another car runs into them.
In these types of cases, it is usually the car that was moving that will be found to be at fault. While the car that is moving forward (not backing up) has the right of way, they don’t have the right to smash into a car in front of them that isn’t moving. So if the car that was reversing has finished reversing and is stopped and another car hits them, it is the second car that will likely be found to be at fault.
If the car that is backing out hits another car that is stopped as they reverse, they will likely be found to be at fault.
When both cars are moving, with one reversing and the other trying to move forward, and an accident happens, it can get a little more complicated determining fault. The car that was moving forwards had the right of way, and, if they were doing everything else correctly, they should not have had an accident if not for the actions of the driver that was backing up.
However, depending on the circumstances of the car crash, fault may be shared or rest with the driver moving forward. For instance, the driver moving forward may have been distracted, speeding, or something else.
Who is at fault when backing out of a driveway?
A second common backing up accident occurs when one driver is trying to back out of a driveway, and another driver that is coming down the road hits them.
Similar to the parking lot scenario, the car that is backing up most likely doesn’t have the right of way, except in situations where there is a nearby intersection with a stop sign, yield sign, or stoplight with a red light that the second car has to go through. If that first car that is backing out reverses into someone, they will most likely be found to be at fault.
Nonetheless, if the other motorist was found to be driving too fast or not paying attention, or if your car was found to be in the road but not moving prior to the collision, they may be held responsible.
Avoid backing up accidents with these tips
The best ways to avoid accidents when either backing out of a parking spot or a driveway are to:
- Don’t rush
- Check behind you both ways
- Check multiple times if you aren’t sure the way is clear
- Don’t rely on mirrors, cameras, or the word of others
- Go slow. If you are reversing onto a busy road, you may want to go slow at first and then speed up once you know things are safe.
What should you do after a backing-up accident?
If you were in a car accident that resulted from a car pulling out of a parking space or a driveway, here is what you should do next:
- Check that everyone is okay. If not, get medical attention.
- Check that the scene of the accident is safe. If not, move to safety nearby.
- Call the police. They can help and will file a police report for you, which is an important piece of evidence in your personal injury case.
- Exchange insurance information with the other driver involved
- Don’t accept any blame for the collision; it’s preferable to avoid talking about who was at fault with the other motorist.
- Take pictures of the area and any damage.
- Call your insurance company
- Call a car accident lawyer
Massachusetts car accident lawyers
If you or a loved one has been in an accident where a car was backing out, you may be entitled to compensation. The car accident attorneys at the law offices of Gerald J. Noonan have years of experience dealing with personal injury cases.
Contact us today for a free case consultation.