How to Deal With a Car Accident While Backing Up: A Guide

Nov 26, 2021 | Car Accidents | 0 comments

car accident while backing up

How to Deal With a Car Accident While Backing Up

Have you recently been involved in a car accident while backing up, and you are unsure of what to do next? Are you unsure of who holds liability for the accident? If this sounds like what you or someone you know is going through, then you came to the right place.

How an auto insurance company determines liability when an accident is caused by a driver who backs up from a stopped position can be confusing. This brief article will go over what you will need to do if you get into a car accident while backing up and who you can contact for more information.

I Was in an Accident Backing Out of a Driveway

Being involved in an accident where you or the other party was backing out of a driveway (or parking lot) can be stressful. If you were recently involved in a car accident like this, you will want to make sure you obtain as much information as possible.

If you or your passengers sustained any injuries, make sure that you receive the proper treatment that you need. Ensure to keep a record of any treatment you receive.

What to gather at the scene from the other party:

  • Their contact information
  • Their driver license
  • Their insurance information
  • Photos of the location of the accident
  • Photos of damages

You may want to consider involving the police so they can write you a police report about what happened. Contacting a car accident lawyer is also a good idea, especially during this difficult time. They will be able to take care of your case on your behalf while you focus on treating your injuries.

car accident while backing up

How to Safely Back Up

It is a bit more challenging to maintain steering control when your backing up, so make sure that you always back out at a slower speed. Before you start to back up you will want to physically turn to check your blind spots and make sure no one is currently, or could potentially be, behind you. As you are backing, make sure that you check all around you through all of the windows.

You do not want to depend on your reverse camera or mirrors when backing out from any spot. They are helpful tools, but they do not capture everything that is going on behind your vehicle.

Proving Liability for a Driveway Accident

Accidents that occur when backing out from a driveway may seem minor, but there is still a chance that serious injuries can happen. For example, you might be backing out at a slow pace of 4 MPH while the other driver going down the road could be going 40 MPH.

If that person hits your vehicle going at that rate of speed, there is a big chance that you and your passengers can sustain injuries. When someone backs from their driveway, they must ensure that it is clear of any other vehicles or pedestrians. In the example we just listed, the driver going 40 MPH may be held liable for the accident.

What Do I Do if I Hit a Car While Reversing?

As mentioned earlier, if you hit another vehicle while reversing, you must gather as much information from the scene as you can. You will also want to reach out to a car accident attorney if there are any injuries.

If any witnesses saw the entire accident, make sure to obtain their information as well. If the other driver tries to deny that they hit you or that they were speeding, a reliable eye witness will be able to sort that out.

Unsafe Backing CVC (Vehicle Code 22106) – When is it illegal to back up?

CVC 22106 says, “No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.”

According to the California statute Vehicle Code 22106, it is considered a crime to back a vehicle onto a street or highway unless it can be done with “reasonable safety”. It is not a crime if you back out when it is safe to do so.

An example would be if someone reverses their car quickly and without looking behind them to make sure that there is nothing they could hit.

If you violate this law, you can receive a point on your driver’s record and a ticket. In California, this breaking this law is considered an infraction.

Driveway Accident Statistics

Did you know about 4.8 million people received injuries from accidents that happened in a driveway? People mainly assume that most accidents happen on the main roadways when they happen right in the driveway of their homes. It is crucial to make sure that you exercise extreme care when backing from your driveway.

Parking Lot Accident Statistics

According to the National Safety Council, thousands of people receive injuries each year due to accidents that happen in parking lots. A lot of these accidents are a result of distracted driving. Many drivers use their phones while they are in parking lots, which can result in fatal accidents.

Common Injuries From Driveway Accidents

Just because car accidents in a driveway usually happen at a slower rate does not mean that there can still be serious injuries. For example, even if someone goes at a slow pace but does not see a child behind their vehicle, they can roll over that child, causing a fatality.

Other common injuries from driveway incidents:

  • Broken bones
  • Neck pain
  • Sprained ankles
  • Back pain
  • Sprained wrists
  • Bruises and cuts

It is imperative that if you sustain any of these injuries that you seek treatment right away. Partnering with a personal injury lawyer also helps ensure that you seek the proper treatment you need.

Get Car Accident Help Today

Regardless if you were the one who someone backed into or if you backed into someone else, it is vital that you know your rights. Partnering with a reputable personal injury attorney can help you get the result that you need.

Your attorney will also be able to help you get the treatment you need. if you were injured by another driver who was backing out of a driveway or parking spot and obstructed your right of way, contact us now!

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