When someone backs up into you, the risk of injury and damage to your vehicle can be high, especially if they are not paying attention. Backing-up accidents can be a bit confusing, especially if you are not sure who is to blame. Generally speaking, a driver must maintain full control over their vehicle. If they hit you, then they could be held accountable.
However, various factors must be considered in such situations. If you were hurt in any type of backing-up accident, contact our Phoenix car accident attorney at Sargon Law Group for a free consultation to discuss your case.
How to Determine Who Is at Fault for Backing-Up Accidents
It is common to believe that the driver backing up is responsible for all such accidents. However, there are a few other factors to consider.
- Right of way: Determine who has the right of way in the accident. Drivers must yield the right of way. However, if the driver backing up had the right of way, and other factors were at play, such as they were intoxicated at the time, they could be held liable.
- What was damaged: One way to determine fault is to consider what was damaged in the accident. If there is damage to the rear of the vehicle backing up and the front of the other vehicle, that could indicate the vehicle heading forward may have had visibility enough to see the driver backing up and should have stopped.
- Vehicles in motion: Another factor that could be helpful is considering what other vehicles were in motion. If one vehicle is striking a parked vehicle, such as in a parking lot, the driver of the moving vehicle is typically at fault.
Other data can also be used to make decisions about fault. Police will use witness statements, videos, and photographs of the accident, as well as evidence at the scene, to verify who may be at fault.
Situations in Which the Driver Backing Up Is Not At Fault
A few common examples of when the driver backing up may not be at fault include the following:
- There is negligent activity involved. This includes alcohol or drugs being used or distraction of the other driver.
- The other driver was speeding at the time of the accident.
- The other driver failed to yield the right of way.
- One driver was acting in a reckless manner in some way.
What Happens If You Are Not Sure Who Is to Blame After a Backing-Up Accident?
If you are in a backing-up accident, seek help from the police. Even if it is on private property, such as in a parking lot, they can help document the evidence at the scene. You may be able to file a claim with your insurance company or the at-fault driver named by the police.
However, in situations where the injuries are serious and damage is significant, we strongly encourage you to seek legal help from an experienced Phoenix injury attorney. Our car accident attorney can help you prove what happened and who should pay for the losses incurred.
Call a Phoenix Car Accident Attorney Today
Contact Sargon Law Group if you were hurt in such an accident to get the legal guidance you need to navigate this process. Do not assume the insurance company will treat you in a fair manner. Contact our car accident attorney in Phoenix instead.