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Determining Fault in Accidents Involving Backing Up

Published on Sep 18, 2020 at 10:10 am in Auto Safety.

Left taillight of car at dusk

When you think of a car accident, it’s likely you imagine vehicles traveling at moderate to high speeds when they collide. However, a number of crashes occur during maneuvers that require very slow speeds. The most common slow maneuver that results in accidents is backing up.

When a car is traveling in reverse, whether the driver is backing out of a parking spot or backing out into oncoming traffic, it’s important for the driver to be well aware of their surroundings. If the driver backs out too quickly or fails to check their blind spots, an accident can easily result.

If you’ve been involved in a back-up accident and believe the other party is to blame, you’ll want to work with a car accident lawyer who can help you determine and prove fault. If you’re located in or around Columbia, South Carolina, Solomon Law Group is here for you.

Where and Why Back-Up Accidents Happen

Back-up accidents can happen anywhere, but it’s more likely for them to occur in areas like parking lots. Examples of back-up accidents include the following:

  • A car backing out of a spot strikes a moving vehicle in the lane of traffic.
  • A car backing out of a spot hits a pedestrian or bicyclist.
  • A car backing into a spot hits the vehicle parked behind it.
  • Two cars back out at the same time and collide.
  • A car backing out of a driveway hits a car pulling in.
  • A car attempting to parallel park or park on the street strikes a parked or moving vehicle.

No matter what type of backing up accident you’ve been involved in, it’s important to understand what you can do to recover from injuries you didn’t cause. If you choose to pursue a personal injury claim, your lawyer will investigate your case and work to determine why your crash happened and how the other driver’s action contributed to the collision.

Determining Liability for a Back-Up Crash

In most car accident cases, especially those involving a driver who was backing up at the time of the collision, there are four questions that can help determine fault:

  • Who had the right of way?
  • Was either vehicle stopped at the time of the collision?
  • Where are the vehicles damaged?
  • Are there any witnesses?

Usually, one driver has the right of way, which is established by the state road laws. If you had the right of way and a driver hit your vehicle, it’s likely they will hold the majority of fault for the collision. If, however, you were backing up and the driver with the right of way was not paying attention or was speeding, the fault may be divided.

In the event a vehicle is stopped or parked when another collides with it, it’s more likely that the moving car’s driver will be found at fault.

The location of the damage on the vehicles can help establish who is liable. If, for example, a vehicle was backing out of a parking spot and was about to start driving forward when another vehicle hit them from behind, it may be possible to prove the driver with the right of way had ample time to stop.

Witness statements can help significantly when attempting to prove liability. A credible witness will usually be believed over either driver because both drivers are biased. Depending on the location of the crash, it’s also possible video recordings or photographs could be available from nearby security cameras.

Legal Options for Accident Victims in Columbia

If you’ve suffered injuries as a result of someone else’s negligence, you may have grounds to file a personal injury claim. Solomon Law Group represents car accident victims, so we understand the challenges of pursuing a claim—especially when you’re dealing with physical and potentially emotional injuries.

While filing a claim may sound intimidating, especially if you’re in the process of recovering from your injuries and taking time off of work, it’s often the only way to ensure you receive the compensation you need to move forward. Depending on the accident and your injuries, you could be dealing with economic and noneconomic damages. When you work with a lawyer from Solomon Law Group, we’ll be sure your claim supports the fact that you need compensation for those losses.

To learn more about the process of filing a personal injury claim or to get started with your claim, contact us today. We’ll schedule a case evaluation to review your situation and help you determine how best to proceed to protect yourself and your future.

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