Who Is At Fault In A Backing Up Accident?
Determining liability after a backing-up accident is not as straightforward as one might think. So if you were in a backing-up accident in Florida, it is best to consult a skilled car accident attorney. Depending on the situation, the other driver might be to blame, or you might be to blame for the accident. Sometimes, both the drivers involved in a backing-up accident are to blame.
Who Is Liable in a Backing Up Accident?
Most backing-up accidents happen in parking lots. If a driver reverses their vehicle and hits another parked car, the driver will be held liable for the accident. This is because the reversing driver should have been able to see the parked car. However, there are some exceptions. For example, if the vehicle that was not moving was parked illegally, the driver of the illegally parked car might be held liable. The driver of an illegally parked car will be held liable for a backing-up accident if it is illegal to park in that spot because it is hard for other drivers to see a parked car there.
Suppose one vehicle backs out of a parking space into a car moving forward. In such a case, the vehicle moving forward has the right of way. Therefore, it is most likely that the backing-up driver will be held liable. However, if there is evidence that the driver of the car that was moving forward acted negligently, the two drivers may share fault.
In a backing-up accident case where two vehicles were moving in reverse at the same time, both drivers may share fault. This is because drivers reversing at the same time have an obligation to check their mirrors to see where they are reversing. Usually, in a case where both drivers were reversing, fault will be shared equally unless it can be shown that one of the drivers is more at fault than the other.
Lastly, when a motorist pulls out of a parking space or driveway into traffic and gets into an accident with another vehicle in the lane of traffic, the motorist who pulled out of the parking space or driveway will most likely be held liable for the accident. This is because when a motorist pulls out of a parking space or driveway into traffic, the other drivers in the traffic lane have the right of way.
Seeking Compensation After a Backing Up Accident
Even a backing-up accident that happens at low speeds can result in serious injuries. Fortunately, if you suffered injuries in a backing-up accident, you can seek compensation from the other driver even if you are partially to blame for your accident. That is because Florida follows the comparative negligence rule when dealing with car accident cases.
Contact Us for Legal Help
Do not hesitate to contact our Miami personal injury attorneys at The Pendas Law Firm if you’ve been injured in a backing-up accident in Florida. We are prepared to help you prove liability and recover the compensation you deserve.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Orlando, Ocala, Tampa, Jacksonville, Bradenton, Daytona Beach, Fort Myers, and West Palm Beach areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
