By Anderson Cummings Drawhorn on July 25, 2025
At Anderson, Cummings & Drawhorn, we know just how disorienting a car accident can be—especially when you’re left asking, “I was reversing and a car hit me,” and wondering what comes next. You’re not alone in this situation, and you’re not automatically at fault. In Texas, determining who is liable in a reversing accident can be far more complex than most people realize. Although the reversing driver is often blamed, that assumption doesn’t always hold up under legal scrutiny. Our experienced Texas personal injury lawyers are ready to step in, explain your rights clearly, and guide you through the steps that can help protect your claim and maximize your recovery.
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If there are injuries, fatalities, disabled vehicles, or property damage over $1,000, you are required to report the crash to the police. Under Texas Transportation Code §550.062, law enforcement must submit a written report to TxDOT within 10 days of the accident. Even if the incident seems minor, reporting it as soon as possible creates an official record and protects your interests.
At the scene, collect vital information to support your claim. Take photos of the other driver’s insurance card, driver’s license, vehicle damage, and surrounding road signs or skid marks. If they lack an insurance card, ask for their name, insurer, policy number, and contact information. Don’t forget to photograph all vehicles involved, and speak with any witnesses. The Texas Department of Insurance emphasizes the importance of securing evidence right away.
You can file a claim with the at-fault driver’s insurance company or, if necessary, your own. If your insurer covers the costs, they may later seek reimbursement from the other driver’s provider through a process known as subrogation. However, be prepared—it’s not uncommon for the other party’s insurance company to deny responsibility or argue that you share blame.
These tactics are often used to reduce or avoid payouts. This makes it even more important to support your claim with detailed documentation, including photos, written statements, and official reports. The more evidence you have, the stronger your position will be during the claims process and any potential negotiations that follow.
Preserve all paperwork, including medical bills, accident reports, repair estimates, and any communication with insurers. This trail will help validate your claim if complications arise.
If the insurer disputes liability or you experience pushback during negotiations, legal guidance can be invaluable. Complex injuries and gray areas in reversing accidents may require a thorough legal review to ensure your rights are protected.
In Texas, the driver who causes a car accident is financially responsible for the resulting damage. This means that if the other driver is determined to be at fault for hitting you while you were reversing, their insurance should be the one to cover your damages, including vehicle repairs, medical expenses, and more. However, insurance companies don’t always make this easy. They may challenge who was at fault or claim both drivers were partially responsible in an effort to limit their financial liability.
Understanding your rights and having the proper evidence is critical, especially when fault is disputed. Don’t assume you’re powerless—fault in reversing accidents isn’t automatic, and every case depends on the details.
Don’t face big insurance companies alone. Our award-winning lawyers have recovered over $100 million for clients just like you. We’re ready to put our 50+ years of combined experience to work, fighting for the compensation you deserve.
Drivers in reverse are often assumed to be responsible, but fault isn’t automatic. If the other driver was speeding, distracted, or unlawfully driving in a parking lot or driveway, they might share responsibility. Video footage, witness accounts, and accident reconstructions can all help determine who acted negligently.
Negligence is the failure to exercise reasonable care. If the reversing driver didn’t check mirrors, use signals, or look behind before backing up, they may be found liable. Conversely, if the approaching driver wasn’t watching the road or was speeding, they might bear responsibility. Texas follows a modified comparative fault rule, which means you can still recover damages if you were less than 51% at fault.
Texas law gives you two years from the date of the accident to file a personal injury lawsuit. This deadline applies whether you’re the reversing driver or the one who struck a reversing vehicle. Missing this window generally forfeits your right to seek compensation in court.
Legal support can make the difference between a denied claim and a fair settlement. If you’re still asking, “I was reversing and a car hit me—who’s at fault?” let us help. Anderson, Cummings & Drawhorn offers knowledgeable guidance and proven results in Texas car accident cases. Contact us today for a free consultation and protect your rights from the very beginning.
As a Fort Worth native and a double-Board Certified trial lawyer, John Cummings is dedicated to fighting for the rights of the injured. With a track record that includes record-setting verdicts and multi-million dollar settlements, he is an aggressive advocate who isn’t afraid to take on tough cases.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
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