Who Is at Fault in a Backing-Up Accident - NY Law

Some of the most common and confusing type of car accident in New York is a backing up accident. it doesn't matter if it's two vehicles backing into each other in a parking lot, a driver backing out of a driveway into traffic, or a car hitting a pedestrian or bicyclist. The big question always is this: who is at fault?

In New York, determining fault in this type of accident depends on a number of factors. Many people automatically believe that the fault lies with the reversing driver, but that's not always true. Sometimes it's the accident victims, themselves, who are to blame, or it can be the fault of a vehicle manufacturer, a mechanic who didn't do a job correctly, or even a city that didn't plow the roads following a snow storm.

Because of all of this confusing, those who have been a victim in a backing up accident should reach out to a New York car accident lawyer. On Long Island, working with personal injury lawyers like the team at The Law Office of Carl Maltese can put victims in a great position to get the compensation they deserve following a back up collision. They can help with explaining who is at fault if my dog gets hit by a car NY too.

Understanding Backing-Up Accidents

Many people don't consider a backing up collision a dangerous car accident, but they can, and often do, lead to serious injuries and expensive property damage. These accidents usually happen in places were visibility is low, including:

• Parking lots and garages

• Residential driveways

• Alleyways

• Urban streets with parallel parking

• Schools or commercial loading zones

Common scenarios include:

• A driver backing out of a parking space hits an oncoming car.

• Two cars reverse at the same time and collide.

• A driver backs into a pedestrian or cyclist.

• A vehicle reverses out of a driveway and strikes a vehicle on the roadway.

• A car backs out of a parking space or driveway and hits a parked car.

Even though these accidents are quite common, it's often not easy to determine fault in a car accident like this one. In New York, there are comparative negligence laws that help when establishing fault.

New York's Legal Standard for Fault in Car Accidents

New York State uses a pure comparative negligence system to determine fault in a car accident. This means that fault can be assigned to more than one person, even the victim. Whatever percentage of fault the victim has is used to reduce their compensation.

For instance, if a car crash occurred when a driver was backing out of their driveway, and they hit an oncoming vehicle, the driver of the vehicle that was hit may be partially at fault. They might have gone through a stop sign, been speeding, or distracted by using their cell phone.

In this case, the percentage of fault is usually smaller, let's say 20%, but if they were awarded $100,000 when all was said and done, they can only collect $80,000. Even if they were found to be 90% at fault, they could recover $10,000.

A car accident when backing up often has more than one person at fault, so this makes sense. It also makes it easier to prove fault and determine who might be responsible for additional medical expenses or other costs.

To determine the percentage of fault, insurance adjusters and attorneys will do the following:

• They will analyze vehicle damage

• They will look at road conditions or parking lot layout

• They will examine police reports

• They will consider witness statements

• They will view security video footage

Who Is Typically at Fault in Backing-Up Accidents?

Here are some of the most common types of backup accidents and how fault is typically assigned based on New York traffic laws.

Driver Backs Into a Moving Car

A driver who is reversing and who backs into a moving car causing a rear end collision is usually more at fault. New York puts a high duty of care on a driver who is backing up. If the driver failed to ensure their path is clear, and they back up, this could be considered reckless driving. Drivers backing up should always yield to moving traffic, should always check their blind spots, and always reverse at a slow speed.

Two Drivers Back Into Each Other

When two drivers back into each other, typically in a parking lot or in parking garages, New York law states that fault is usually shared if the drivers were backing up at the same time. However, if there is evidence that says one of the drivers involved moved more quickly or they reversed recklessly, that driver could be found to be more at fault than the other driver.

Backing Into a Pedestrian or Cyclist

Sometimes there are not multiple vehicles involved in an accident. Sometimes it's one driver and another person. Drivers must ensure their path is clear, especially in areas where pedestrians or cyclists are nearby. If a driveway accident occurs, for instance, and there are no other vehicles around, the driver is usually at fault. However, the victim can be held responsible, too, in some cases, especially if they ignored warning signs.

Parking Lot Collisions

Parking lots may have different rules depending on where the accident occurred. If a vehicle is in a travel lane, or a through lane, they have the right of way. This means that the reversing driver will likely be held liable when the vehicles collide because they must yield to the car that is moving. However, if the driver in the through lane is not following traffic signals, not following speed limits, or otherwise distracted, fault could be shared.

Factors That Can Influence Fault Determination

There are several things that can affect how fault is assigned in a backing up accident. They are:

Obstructions or Limited Visibility

If there are things like overgrown bushes, snowbanks, poles, or other objects blocking visibility, the driver is still response and expected to move cautiously. However, a property owner may also share fault if the design of the environment or overgrown landscaping contributed to the collision.

Simultaneous Reversing

There might also be cases where two people are backing up at the same time. In these cases, it's very common for insurance providers to assign 50/50 liability, unless one party can prove that other parties involved had more liability.

Mechanical Failure

If a vehicle had a known brake issue or if it malfunctioned during the reversal, fault could be disputed. However, the burden of proof falls on the driver claiming mechanical failure, and they will need to prove the mechanical failure caused the accident.

Weather Conditions

Snow, ice, and heavy rain can affect stopping distance and visibility, but the driver is still required to drive safely. It's possible, however, that a legal team can help the driver sue a city or town if they didn't properly plow or clean up the roadways.

New York’s No-Fault Insurance System and Backing-Up Accidents

New York is a no-fault state. This means that after most car accidents, the drivers involved will use their own insurance company to cover things like medical bills and lost wages, even if they were not at fault. This type of coverage is known as Personal Injury Protection, or PIP.

However, if the victims injuries meet the state's "serious injury threshold," they can file insurance claims against the at-fault driver(s). These injuries include:

• Bone fractures

• Significant disfigurement

• Permanent limitation of a body organ or limb

• Significant limitation of use of a body function or system

• Full disability for 90 out of the first 180 days

So, fault becomes especially important when seeking compensation beyond PIP — such as for pain and suffering or long-term disability. To get maximum compensation and financial recovery, the claims process must be started. To do this, victims need to hire a car accident attorney in Long Island.

Why Choose The Law Office of Carl Maltese?

With decades of experience handling auto accident claims on Long Island, The Law Office of Carl Maltese knows how to investigate and litigate even the most complicated cases. Backing-up accidents often involve conflicting stories, blurry camera footage, or tricky comparative negligence issues. They know how to build strong cases for their clients and negotiate with insurance adjusters who try to minimize claims.

Victims of a backing up accident can reach out to the Law Office of Carl Maltese for a free consultation. They can help to prove liability and look at everything from what oncoming traffic was like at the time of the accident to examining specific circumstances that might have contributed. Call today for a free case consultation.