Drivers back up all the time, when pulling out of a parking space or when exiting their driveways to head to work. Unfortunately, many accidents happen when a driver backs up, and motorists and pedestrians suffering some terrible injuries.
Who is to blame for this type of accident? The facts matter a great deal. In this article, aVermont car accident lawyer at Larson & Gallivan Law reviews some of the critical legal issues involved in this type of wreck.
Who is At Fault for a Backing Up Accident?
Personal injury cases in Vermont are analyzed based on fault. We ask, “Who is to blame for this accident?” Often, one person did not act with sufficient care, so they are at fault because they were negligent.
Is the Person Backing Up Always at Fault?
Not always. But they can be when they fail to drive carefully:
- Failed to use mirrors to check the way was clear;
- Did not look over their shoulder to check a blind spot;
- Backed up too quickly;
- Ignored someone approaching their vehicle;
- Backed up when there was insufficient room.
If any of the above is true, then it’s likely the driver is to blame for crashing when backing up.
When is the Person Struck in the Accident to Blame?
Sometimes, the person who gets hit is at fault for the accident. For example, they might have:
- Darted too close to the vehicle that was backing up;
- Failed to pay attention to where they were going;
- Did not leave sufficient space for the vehicle to back up;
- Been speeding and couldn’t stop in time to avoid a crash.
Low Speed Accidents Still Cause Injuries
Backing-up accidents tend to happen at slower speeds. Nonetheless, anyone could suffer a serious injury. Even a slight “jolt” to the body can pinch nerves, strain soft tissue, and lead to whiplash or other injuries. We have seen people in considerable pain after being struck by a car going only 10 or 15 miles per hour.
After being struck, don’t assume your injuries are too “minor” to warrant medical care. Go to the hospital. Certain injuries slowly worsen over the next few days. Before too long, you could be in so much pain you can’t move your head or sleep.
Not All Cars Have Rear Cameras
The introduction of cameras in the back of cars is a great safety feature. Thanks to these cameras, drivers have a clearer picture of what is happening directly behind their cars. They might see a person crouched down to pick up something off the ground. Without the camera, they probably would never see the person.
Nonetheless, a camera cannot prevent all accidents. For example, a motorist might still back up by stomping on the gas pedal, causing their vehicle to lurch out and strike a pedestrian or other driver. In that case, the driver’s failure to exercise control of the vehicle is to blame.
Crash Avoidance Systems Might Not Work
Many vehicles now have crash avoidance systems which automatically stop a car when sensors detect anything in its path. Unfortunately, older cars might not have this system. And the system might not have time to stop the vehicle if a person springs out of nowhere.
Assigning Fault for the Accident
The Vermont car accident lawyers at Larson & Gallivan will use our experience to fully analyze what happened. Our goal is to determine fault so that we can negotiate a settlement for our clients. Sometimes both parties share blame. In Vermont, you can seek compensation provided you are not more at fault than the other person.
We rely on some common pieces of evidence when reviewing a claim:
- Witness testimony. People who saw the crash can testify about what happened and allow us to pinpoint fault. This is one reason to stop after an accident and talk to witnesses.
- Vehicle damage. Damage on the vehicle sometimes contains important clues. Try not to fix your vehicle until you meet with us to go over what happened.
- Security camera footage. If you crashed in a parking lot, then the business might have a security camera which helps us see the collision.
How Do Insurance Companies Approach Backing Up Accidents?
Vermont requires that drivers have sufficient liability insurance. According to23 VSA § 800, motorists should carry at least $25,000 in bodily injury liability coverage, up to $50,000 when two or more people are hurt. You should also have property damage liability coverage. For this reason, insurance adjusters are almost always involved in backing up accidents.
An insurance company will investigate to uncover what happened. The claims adjuster might talk to witnesses and review the police report. One mistake is to assume the insurance companies will see the case your way. It might be “obvious” to you that the driver of the car backing up didn’t even check his mirrors and backed straight into you. However, the insurance claims adjuster wasn’t there.
Sometimes, fault is split between both drivers. Provided your share is 50% or less, you can still receive compensation—but your compensation gets cut by your share of fault.
You should hire a lawyer to act as your advocate. Don’t rely solely on your insurance company. They might simply “split the difference” with the other motorist’s insurer, which could cost you money. Our lawyers will search for evidence to use to support your claim of what happened.
Call Larson & Gallivan Law Today to Speak with a Lawyer
Our firm cut its teeth on personal injury law, including car accidents in Vermont. Our objective has always been to amplify your voice in the claims process and ensure all insurance companies listen. We can help even if the other driver was uninsured or fled the scene after crashing into you.
Call us to schedule a free consultation. A Vermont car accident lawyer will meet at a convenient time to review important facts and answer any questions that you have. We can also discuss how we charge for our legal services.
