Driving a vehicle in reverse can be challenging, especially for young or inexperienced drivers. As a result, the most common back-up crashes occur in busy parking lots and narrow driveways. Even with vehicles traveling at low speeds, serious injuries can occur.
New York law requires that drivers operate their vehicles with care and attention. Vehicles are not permitted to move backward unless it is safe to do so.
How to Determine Fault in a Collision When Backing Up
If you get into an accident while backing up a vehicle, it may not always be your fault. Determining liability in a traffic collision is tricky, which is why you should partner with an experienced attorney. Legal experts use four different factors to establish liability in a car accident caused by backing up.
Determine Which Vehicles Were Moving
The Insurance Information Institute’s (III) facts and statistics from 2018 show collisions with parked motor vehicles accounted for 407 collisions and 1.2% of total fatal crashes across the US.
Stopped vehicles are typically not liable for accidents unless they are parked illegally. If you back into an unmoving car or pedestrian, the backing driver will most often be held responsible.
Establish Which Driver Had the Right of Way
In collisions where both cars were moving, a car accident attorney determines which driver had the right of way. If one driver violated traffic patterns and did not yield to the oncoming car, that driver will likely be held liable.
In New York, legal experts will analyze traffic lanes, traffic signs, and traffic laws to determine the right of way.
Analyze Vehicle Damage
A car accident attorney can inspect where vehicle damage occurs to establish fault. The type of vehicle damage may suggest that the driver with the right of way had plenty of time to stop.
Get Statements from Witnesses
Witness testimonies can help determine who is at fault in a car accident when backing up. Car accident attorneys use witness statements as evidence to prove liability.
Examples of a Back-Up Crash in New York
Despite slower speeds, back-up collisions can lead to severe damage. An experienced attorney can help recover compensation.
Leaving a Parking Space
Parking lots are a hotspot for vehicle collisions. CBS News reports that one in five car accidents occur in parking lots. When reversing, drivers must check for pedestrians and other vehicles.
Multiple Vehicles Backing Up
Two drivers may reverse at the same time and collide. If both drivers failed to ensure the area was clear, both may share fault.
Backing Out into Oncoming Traffic
Backing out of driveways and alleys can lead to a collision. The vehicle reversing has a duty to check for oncoming traffic. If a car backs into oncoming traffic, that driver is typically liable.
A New York Car Accident Attorney Can Fight For Compensation
If you have been seriously injured in a back-up collision, an experienced law firm will analyze your claim and gather evidence to prove fault.
Call Dansker & Aspromonte Associates LLP For a Free Consultation
Even if you are unsure of your claim, call Dansker & Aspromonte Associates LLP at (212) 732-2929 for a free consultation.
If you have been involved in an accident, don’t delay speaking to a lawyer. Deadlines limit the time you have to bring a claim.
