A backing-up crash in Texas could lead to severe or fatal injuries. Unfortunately, these crashes are common in Fort Worth, throughout the state and across the U.S. Quite often, the reversing driver is solely responsible for the damages. That said, it is important to understand more about these types of crashes, how they happen and when others could be partially, or even fully, liable.
Anderson & Cummings is a trusted law firm and has extensive experience representing victims injured in many types of crashes, including those due to a driver backing up. Learn more about backing-up crashes, such as how they happen and when multiple parties could be liable for the damages.
Injured in a crash caused by a reversing driver? We have a knowledgeable Fort Worth auto accident lawyer ready to answer your legal questions today. Find out if you may be able to seek compensation for your medical costs and other losses. There are no upfront costs if we represent you, and your initial consultation is FREE.
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Who is to Blame for a Backing-Up Crash?
When a backing-up crash happens in Texas or in other states across the country, it is often the reversing driver who is to blame. All drivers share a legal duty to prevent harm to others any time they are behind the wheel.
That said, determining liability for a backing-up crash can be complex. Like any other type of traffic accident, it is necessary to understand all of the contributing factors before determining who was at fault.
Considerations that first responders will need to determine is which vehicle was moving and which vehicle had the right of way.
Say, for instance, that a driver backed up into traffic without first making sure it was clear. Drivers who fail to yield to other vehicles are likely fully liable for the damages if that traffic violation leads to a crash.
What Are Some Common Causes of Backing-Up Crashes?
Backing-up crashes commonly occur for several reasons, including:
- Driver negligence: Like most crashes, a driver may fail to check for traffic before proceeding to back up on a street, in a driveway or before backing out into traffic.
- Accidental crash: Someone may have thought they were putting their foot on the brakes but hit the gas instead.
- Mechanical defect: In rare occasions, there may be a mechanical defect that causes a car to accelerate while in reverse. Perhaps the driver began backing up and attempted to stop after seeing traffic was not clear, but the brakes failed.
- Relying too much on backup cameras and other technology: While driver-assisted technology, such as a backup camera, is useful, this technology is not foolproof. As such, they should not be used without human oversight.
Is the Driver Backing Up Always Liable if a Crash Occurs?
Most of the time, the driver who causes a crash while backing up his or her vehicle is solely responsible for any damages. That said, all crashes can be complex, and there are still times when liability for a backing-up crash in Texas could be shared. For instance, if a driver backing up was involved in a crash due to:
- Traffic violations: A driver already in traffic may see someone backing out and decide he or she does not want to wait for a driver to back out. If these individuals speed up and cause a crash while trying to get past a reversing driver before they enter the traffic lane, liability could be shared. The reason is that a driver suddenly speeding up could cause the reversing driver to misjudge how much time and distance he or she has to safely back out into traffic.
- Reckless driving: People who get behind the wheel while drunk or under the influence of drugs may cause a crash with a driver who is backing up. For instance, if a driver was already mostly backed out of a parking space and a drunk driver with slowed reaction times failed to stop. At that point, it is possible the backing out driver may not be liable at all.
There are other ways that a reversing driver might only be held partially liable for a backing-up crash in Texas, or not at all liable. This is why crash victims in this situation should speak with a qualified attorney who can help determine their legal options.
How Can Drivers Help to Prevent Causing a Backing-Up Crash?
Drivers can help to prevent causing or being in a backing-up crash by taking simple steps, such as:
- Driving defensively: If you are behind the wheel, you owe a duty of care to prevent causing harm to others. Remain aware of your surroundings, including other vehicles and vulnerable road users (bicyclists, pedestrians and more).
- Check mirrors and blind spots: Look around the area for pedestrians, cyclists and especially small children before getting into your vehicle. Always check your mirrors and blind spots before you begin to back up.
- Understand driver-assisted technology: If your car is equipped to alert you to hazards, pay attention. However, do not rely too heavily on it. There is always the possibility of a “glitch.”
- Back up slowly: Continue to be watchful, even as you begin to back up.
Need Legal Help for Injuries Caused by a Negligent Driver? Call Our Law Firm Today
If you have been injured due to another driver’s negligent actions, you probably have a lot of questions. You may especially wonder who is liable for the damages and whether you can recover any of that compensation.
Our trusted Forth Worth Texas law firm is ready to help. We have a history of helping injured crash victims and recovering hundreds of millions in compensation for our clients.
Learning about your legal options is as easy as making one phone call, and there is no cost or obligation for this meeting. If you do choose our firm to represent your case, there are no upfront costs to pay.
Anderson Cummings. Experienced Lawyers. Proven Results. Call: (817) 920-9000 today.