It is not as simple as it may appear to determine responsibility in vehicle accidents involving one car backing into another. While it is more common for the backing-up motorist to be at fault, this is not always the case. The other motorist may bear all or part of the blame for the automobile collision.
If you’ve been in a vehicle accident when one motorist rear-ends another, you should speak with an expert car accident lawyer. You may be eligible to compensation for your injuries and losses, depending on the circumstances. Contact Law Offices of Fernando D. Vargas at 909-982-0707 now to get started.
In a car accident involving backing up, how is fault determined?
Parking lot vehicle accidents are not usually caused by the person backing up, contrary to common opinion. To assess responsibility, your automobile accident lawyer will often look at the following information:
- Which of the two drivers had the right-of-way?
- Was the backing up in progress or had it come to a halt at the time of the accident?
- What caused the damage?
- Statements from eyewitnesses
The driver backing up may not be at blame if they had the right of way or were not moving at the time of the collision.
Accidents involving backing-up are common
Car accidents involving backing up cars are more likely to happen in the following scenarios:
- An automobile is backing out of a parking spot and collides with a parked vehicle.
- A motorist backs out of a parking spot and collides with a moving vehicle.
- A vehicle accident occurs when many cars back up at the same time.
- A vehicle reverses towards oncoming traffic.
In the situations described above, determining culpability usually necessitates the assistance of an expert automobile accident lawyer and a thorough investigation.
When is it not the fault of the driver who is backing up?
Most of the time, the motorist backing up is largely or totally to blame for the collision. There are a few significant outliers, though. They include, but are not limited to, the following issues involving other drivers:
- Dangerous driving
- Driving when inebriated
- Speeding
- Negligence
In parking lot automobile accident situations, proving that the backing up motorist was a victim of carelessness or recklessness is not always straightforward. Working with an experienced automobile accident lawyer can assist you in proving culpability in difficult instances. Find out more by calling Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
