Have you recently been in a backing-up accident? If so, you’re probably wondering who’s to blame. Should the driver who was backing up have been paying more attention to the vehicles around them? Or should the other motorist – the one who likely had the better field of vision at the time – have given the backing-up driver the space to complete their maneuver safely?
Is the Driver Backing up Always at Fault?
The reversing driver should pay attention to their surroundings and check carefully before backing up. Therefore, they could be at fault in the event of a backing-up accident. That said, they are not always to blame. An approaching driver could be at fault if they were driving too fast for the area or failed to stop for a driver already in the process of reversing out of a parking spot, for example.
Furthermore, other parties potentially liable for a backing-up accident might include:
- The approaching driver
- Property owners
- Car or parts manufacturers
- Government entities
Tennessee’s modified comparative negligence system comes into play in situations where multiple people are to blame for an accident. A court hearing an accident case will assess a percentage of fault to each involved party. The injured party can recover compensation as long as they are less than 50 percent to blame for the accident, though the compensation they recover is reduced by the same percentage as their fault.
Determining Fault in Backing-Up Accidents
Proving fault in backing-up accidents comes down to evidence.
Evidence that could help demonstrate who is to blame for causing the collision can include:
- Police report
- Witness statements
- Photographs and videos of the scene
- Surveillance or dash camera video
- Expert testimony
An experienced car accident attorney at The Terry Law Firm can help you secure the evidence to build a compelling accident claim.
What Should You Do If Someone Backs into Your Car?
If someone backs into your car, remain calm. Your actions can significantly affect your compensation claim. Protect yourself by taking the following steps:
- Contact authorities.
- Seek medical attention for your injuries, even if they seem minor at first.
- Document the scene.
- Exchange information with the other driver.
- Ask witnesses for a brief statement and their contact information.
- Take note of if there are cameras in the parking lot or surrounding area.
- Keep medical bills and repair receipts.
- Avoid posting anything on social media.
- Contact our attorneys for legal help.
Working with our Tennessee car accident attorneys early in the process can help you avoid the stress and headache of filing a claim and negotiating with an aggressive insurance adjuster on your own.
Need Help with Your Backing-Up Accident Case? Contact Us Today
The car accident attorneys with The Terry Law Firm are ready to help you seek compensation for a backing-up accident that wasn’t your fault. We can thoroughly review your situation and find legal solutions designed to give you the best chance of obtaining a favorable outcome.
Contact our office today for a free consultation with one of our knowledgeable car accident lawyers.
