Backing up accidents are often complicated, especially when it comes to determining fault. It is not uncommon for drivers to fail to notice another driver when they are reversing. Every driver has their own perception of time, distance, and series of events that led up to an accident, which means that there could be conflicting stories that must be resolved.
At The Law Place, we have over seventy-five years of collective experience and knowledge in handling various car accidents throughout the State of Florida. Our law firm specializes in managing complicated cases that range from parking lot accidents, backing up accidents, open door accidents, and much more.
If you have any questions in regard to a car accident when backing up or a parking lot accident, then you should speak to a car accident lawyer from our law firm now. We will work hard to determine who was at fault and find a good resolution to your case. Our phone lines are open twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
Backing Up Accidents Statistics
The Florida Department of Highway Safety and Motor Vehicles (FHSMV) reported that there were over 11,000 car accidents as a result of improper backing in the year 2018. The accidents caused 7 deaths and close to 100 serious injuries. The most common injuries that are sustained in backing up accidents include:
- Whiplash.
- Concussions.
- Broken bones.
- Soft tissue damage.
- Cuts from broken glass.
- Back injuries.
- Traumatic brain injuries.
If you believe that your injuries were caused in a parking lot backing up accident, then a car accident lawyer from The Law Place will help you to document your injuries and determine the amount of compensation that you could be owed.
How Do You Determine Who Is at Fault When Backing Up?
There are four aspects that will help to determine who is at fault in a backing-up accident that involves one or more motor vehicles. The four aspects include:
Did the Driver Have the Right of Way?
One driver will always have the right of way according to the law. In most cases, the driver who does not have the right of way is usually at fault in an accident. However, there are exceptions to the rule.
The exception to the rule of ‘right of way’ is when one or more motor vehicles are backing up, but the driver with the right of way is caught speeding or failing to pay attention to the road. In this case, the driver with the right of way could have a percentage of fault in causing a backing up accident.
Was the Car Stopped or Moving?
If a driver was stopped before the accident, then it would be difficult to claim that they were at fault. If a driver was moving but stopped with time to spare, then they might have a small percentage of fault.
Location of the Damage
In some cases, the location of the damage might help to establish who was at fault in a car accident involving backing up. The location will also help to determine if one of the motor vehicles could have avoided the accident altogether.
If a driver backs all the way out of a parking space, intending to drive forward, then the damage would be at the back of their motor vehicle, and the damage would be at the front of the other motor vehicle. In this case, there must have been a decent amount of time for the driver who had the right of way to notice that the other driver was backing up. It also suggests that the driver was not paying attention.
Witness Statements
Each driver will have their own version of events in many backing up accidents. They will usually point the finger at each other. However, a car accident lawyer from The Law Place will be able to gather statements from witnesses who were there at the time to support the case.
Who Is at Fault in a Parking Lot Accident When Backing Up?
The parking lot is the most common place for a car accident to happen.
A Car Backed Out of a Parking Space into a Parked Car
The driver who backs up into a parked car is at fault because the driver should have noticed the parked car and tried to avoid hitting it. However, there are also times when a car could be parked illegally, which means that they could also be at fault.
A Car Backed Out of a Parking Space into a Moving Car
The driver has a responsibility to look for other cars before reversing out of a parking space. However, drivers do not always follow the rules of the road.
A car that was moving in reverse at the time of an accident will usually be at fault in a car accident. However, the car that was moving forward had the right of way, which means that they will usually not be at fault unless evidence shows that the driver was speeding or not paying attention. In this case, both drivers might share fault.
Two Cars are Backing Up at the Same Time
Determining fault in a car accident where both cars were backing up can be difficult. None of the drivers would have the right of way because they were reversing at the same time. However, both drivers had a responsibility to look before they started to back up to check that the roadway was clear.
In this case, the two cars did not see that the other car was about to reverse or that they were already in the middle of reversing. The fact that they were both moving at the same time means that they are both responsible for a parking lot accident.
Who Is at Fault When Backing Out of a Driveway?
Backing out of a driveway is another common car accident as a result of backing up. The driver who was backing out of the driveway has a responsibility to look before they back up. In this case, the driver who was moving and in the middle of backing up must not have been paying attention to the other motor vehicle when the accident happened.
The fault will usually lie with the driver who was backing out of the driveway. However, the driver who was moving down the road could also share fault in the event that they were speeding, not paying attention, or they could have taken the necessary steps to avoid an accident.
Gathering Evidence to Help Determine Who Was at Fault for Your Accident
It is important that you start to gather evidence from the location of the accident as soon as you are not in danger. You should also collect the contact information of all the other people who were involved in the car accident, along with getting a copy of the police report.
A car accident lawyer from The Law Place will be able to offer you assistance and conduct a professional investigation into your accident so that you can focus on getting better. We will help you to determine liability, and we will also handle all of these aspects of your case:
- We will examine the photographs from the scene of the accident.
- We will pull surveillance footage from the local businesses or traffic cameras in the area.
- We will collect statements from people who witnessed the accident.
- We will outsource aspects of the investigation to forensic specialists, accident reconstruction professionals, and others.
- We will calculate the extent of the damage that has been caused and determine the amount of compensation that you could be owed.
Time Limits on Filing a Lawsuit After a Backing Up Accident
You will have only four years from the date of the accident to file a personal injury claim according to the statute of limitations in the State of Florida. However, if you lost a loved one during an accident, then you will only have two years from the date of their passing to file a wrongful death claim.
If you fail to file a personal injury claim or a wrongful death claim within the given time period, then your case will likely get dismissed by the court.
The statute of limitations is written in Florida Statute 95.11.
How to Avoid a Car Accident When Backing Up
The fact is that you are in control of your motor vehicle when you are backing up. In this instance, you do not need to rush because you have not entered the road. Before you start to move, it is important that you have a decent amount of time to assess the traffic behind you. If you have a backup camera in your motor vehicle, then you should check it before you start moving. However, do not let the backup camera stop you from actually turning your head and looking both ways. It is worth noting that your peripheral vision has a wider view of the danger, and you should take the time to look in both directions as it will give you the opportunity to see other motor vehicles and allow you enough time to back up in a safe manner.
When you back up, remember to do it slowly. You might have to edge out and stop a number of times to look both ways again. One of the most important aspects to keep in mind is that you should continue to look towards the flow of traffic and make sure that you have the right of way.
If you are the driver who has the right of way, then you cannot drive blindly in reverse. You should always keep scanning both sides of the road for other motor vehicles that might back up. In addition, check that you are moving at a safe speed.
Contact The Law Place Today!
If you or someone you love were involved in a backing-up car accident, then you should seek legal counsel as soon as possible. It can be a challenge to determine fault following a car accident, and you will need the best team of lawyers on your side.
At The Law Place, we have over seventy-five years of combined experience when it comes to investigating car accidents all over the State of Florida. Our law firm has an in-depth understanding of traffic law, and we will guide you through the legal system with efficiency.
Pick up your phone and speak to one of our car accident lawyers now. The phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
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