Car accidents can happen anywhere, anytime – even in your very own driveway or during a routine shopping trip. One common accident situation involves one car backing up into another. If someone backs into your car, who is at fault? Below, our Los Angeles car accident lawyers discuss accident fault in backing up car accidents.

Who Is at Fault in a Car Accident When Backing Up?

In California, it is illegal to back onto a roadway unless it can be done with “reasonable safety.” Therefore, in most cases, the motorist backing up is at fault for the accident.

However, accident fault is not always so simple. It is possible that the other party involved in the accident contributed to it and may share liability too.

We recommend speaking with an experienced car accident attorney if you have been in a car accident. An attorney can help determine who is liable for the accident and any damages incurred.Cars driving on a local street

Is the Motorist Backing Up Always at Fault for an Accident?

Most people believe the driver backing up is always at fault if an accident occurs. However, contrary to popular belief, the person backing up is not always at fault in these accidents – at least not entirely at fault.

California drivers have a duty of care to each other, bicyclists, pedestrians, and other parties. All motorists must exhibit safe driving practices, not just the driver backing up. If another driver acts recklessly or neglectfully, contributing to the accident, they may share in the fault.

Examples of negligent behavior include, but are not limited to:

  • Reckless driving: If the other driver was driving recklessly, they could be partially at fault, even if they were hit by a car backing up. Examples of reckless driving include distracted driving and disregarding traffic laws.
  • Speeding: Excessive speed can make it difficult for the driver to stop in time to avoid a crash. A driver who disregards the speed limit and hits a car backing up may share fault for the accident.
  • Driving under the influence: Driving under the influence of alcohol or drugs can inhibit a driver’s judgment and reaction time. It is also against the law. If an accident occurs, they may share liability.

How to Determine Who Is at Fault When Backing Up

When determining fault in a backing up car accident, there are a couple of main factors to assess. If the accident involves one or more motorists backing up, consider the following questions:

Who Had the Right of Way?

In most situations, when two vehicles meet on the road or in a parking lot, one has the right-of-way. Other motorists must wait for the motorist who has the right-of-way before proceeding or entering traffic.

Generally, the vehicle with the right-of-way will not be at fault for the accident. Usually, the car that does not have the right of way will be responsible.

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However, there are exceptions to this rule. For example, if the motorist with the right-of-way is speeding, not paying attention, or driving negligently, they may share accident responsibility.

Was the Other Vehicle in Motion?

The motion of the vehicles at the time of the accident can also impact who is at fault. If a car hits a stationary or parked vehicle while backing up, the driver of the moving vehicle is generally at fault. An exception may be if the other car was parked illegally. Then, depending on the case, it may share partial fault.

Man driving his car while checking his rearview mirror

If both cars were moving, then the fault may be shared, depending on other factors like right-of-way and speed.

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Were There Witnesses Present?

Witness accounts can significantly impact the determination of fault. Witnesses may include passengers, pedestrians, or other drivers who saw the accident.

It is common for the motorists in the accident to disagree about what happened. Witness statements can help clarify what happened and who was responsible. Video footage, if available from nearby security or traffic cameras, can also serve as a witness in such cases.

Who Is at Fault in a Parking Lot Accident When Backing Up?

Parking lots and parking garages are common locations for a backing up accident, as vehicles are often moving in different directions, including reversing from parking spaces.

According to the National Safety Council (NSC), thousands of injuries and hundreds of deaths occur each year due to accidents in parking lots. A few common types of parking lot accidents include the following:

  • One car backs into a parked car: When a driver backs into a parked car, the driver in motion is generally at fault. It is the driver’s responsibility to make sure the area is clear before backing up.
  • One car backs out into a moving vehicle: A reversing driver is expected to yield to moving traffic before backing out of a parking space. In most cases, the reversing driver will be at fault if they back into a moving car. However, depending on the circumstances of the accident, the other driver may also share liability. For example, if the other driver was speeding or failing to follow traffic laws when it got hit, it may also be at fault for the accident.
  • Two cars back into each other: If two cars back up at the same time, for example, out of their parking spots, and hit each other, both drivers may share fault for the accident. Since both motorists are expected to exercise due care and ensure the path is clear before backing up, failure on both parts indicates shared liability.

Who Is at Fault in an Accident When Backing Out of a Driveway?

If a driver backs out of a driveway and into another vehicle, the driver backing up is typically at fault. Motorists on the road have the right-of-way. Therefore, the driver should ensure the path is clear before backing out of a driveway, and failure to do so is usually considered negligence.

Who Is at Fault in an Accident When Backing Up on a Roadway?

If you are entering traffic, even by backing up, the vehicles already occupying the traffic lanes have the right-of-way. Because of this, you must yield to any vehicles and ensure the lane is clear before you back up.Gray car with a dented front bumper

Under California Vehicle Code 22106, it is illegal to back up onto a road or highway unless you can do it with reasonable safety. In the event of a back up accident, the motorist backing up will likely be at fault.

How Can I Avoid an Auto Accident When Backing Up?

Avoiding car accidents when backing up largely relies on maintaining awareness and exercising caution. Here are some tips:

  • Check mirrors and blind spots: Before reversing from a parking spot or driveway, look in every mirror and check your blind spots. Check for any passing pedestrians or other motorists to ensure your path is clear.
  • Use technology: Backup cameras and parking sensors can help you avoid parked cars and other objects you may not see in your mirrors. However, technology does not replace the need for visual confirmation. You should also look both ways before backing up.
  • Reverse slowly: Do not start backing out until you know it is clear. Always back up slowly, giving you ample time to stop if you notice another vehicle or obstacle. You should continue to check your surroundings as you back up.

What Should You Do After a Backing Up Car Accident?

If you are involved in a backing up accident, there are a few important steps you can take to protect your potential accident claim. These steps include:

  1. Ensure your safety: Check if you have any injuries before checking on passengers and any other involved parties. Call 9-1-1 for medical help if anyone needs emergency medical attention.
  2. Notify law enforcement: Even if the accident seems minor, you should notify law enforcement about the accident. They will decide whether to come to the accident scene.
  3. Exchange information: Exchange contact and insurance information with the other driver. For example, you want the other driver’s insurance provider, policy number, license number, and contact details.
  4. Request witness information: If there are witnesses to the accident, you should request their names and contact information.
  5. Document the scene: Take pictures of the vehicles, damages, injuries, and the overall accident scene. Note the time, date, location, and any other relevant details about the crash.
  6. Get a medical evaluation: You should get a complete medical assessment soon after leaving the accident scene. Not only do you want to protect your health, but medical records can link your injuries to the accident.
  7. Notify your insurance company: You should report the accident to your insurance company. However, we recommend consulting with a car accident attorney before giving a detailed statement.
  8. Consult a car accident attorney: If the accident resulted in injuries or significant damages, consider consulting with a car accident lawyer about your potential legal options. You may be able to recover financial compensation for medical bills, vehicle repair or replacement costs, lost wages, and other damages.

What Evidence Do I Need to Prove Fault in a Car Accident Claim?

In a car accident claim, gathering as much evidence as possible that supports your case is crucial. Examples of strong evidence may include, but are not limited to, the following:

  • Photos and videos of the accident scene
  • Photos and videos of accident injuries and damages
  • Police report
  • Witness statements
  • Medical records if you were injured
  • Security cameras or parking lot camera footage
  • Dashcam footage

Your lawyer can use this evidence to determine accident liability, assess your damages, and support your claim for compensation.

Who Is At Fault In A Car Accident When Backing Up?

Schedule a Free Consultation With Our Los Angeles Car Accident Lawyers

If another motorist has backed into your car, they may be liable for any damages you incurred as a result. For example, you may be able to recover financial compensation for medical bills, property damages, and lost wages.

We recommend discussing your unique situation with a Los Angeles personal injury lawyer from our firm. We can help you understand your legal options for seeking compensation through a car accident case.

At the Law Offices of Steers & Associates, we represent accident victims throughout Los Angeles and Southern California to help them obtain compensation for their damages. We have extensive case experience and success, and we may be able to help you with your case too. Call us at (800) 824-5416 or contact us online to schedule a free consultation to discuss your legal options.