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If another driver backed up into oncoming traffic and hit you, they could be at fault for the crash. Fault for a backing-up accident is often determined by assessing the following:
- Which driver had the right-of-way
- Which driver failed to yield to the other driver’s right-of-way
Many scenarios may result in a backing-up accident, and these accidents can lead to significant injuries for those involved. Your lawyer can prove that another party was responsible for your accident and injuries, then seek fair compensation on your behalf.
When the Backing-Up Driver Could Be at Fault
Typically, when a driver is backing up a vehicle in a parking lot or another location, they should be aware that moving traffic has the right-of-way. Drivers backing up are expected to yield to the traffic behind them, then back up with caution.
The backing-up driver could be at fault for the crash when they fail to yield in:
- Parking lots
- Driveways
- Gas stations, rest stops, or other roadside locations
When Fault For a Backing-Up Accident Is Complicated
Of course, these accidents can be complicated, and fault may be more difficult to determine.
For instance, fault may be less straightforward when:
- Two drivers backed up into each other upon exiting their parking spaces.
- The oncoming driver in moving traffic was speeding.
- Two drivers crashed when backing into the same parking space.
In each of these scenarios, both drivers may be deemed partially at fault for the crash.
For instance, speeding through a parking lot is a form of negligence. The driver who was backing up may not have been able to see them when backing out.
State Law Dictates How Car Accident Fault Affects Your Financial Recovery
Ultimately, state law will influence several aspects of your case after a crash, including:
- How fault is determined.
- How driver fault will affect your compensation.
For instance, Georgia and South Carolina are known as “fault states.” This means that drivers hurt in an accident can seek compensation from the driver who was at fault for the crash.
Comparative Negligence Laws Allow Those Partially at Fault to Seek Compensation
Even if you may have been partially at fault for the crash, you may still be able to collect a recovery.
For instance, both Georgia and South Carolina operate based on comparative negligence laws. This means that under O.C.G.A. § 51-12-33 and S.C. Code § 15-38-15:
- Drivers could seek compensation for a crash even if they were partially at fault (less than 50%).
- A driver’s recoverable compensation will be reduced by their own percentage of fault for the crash.
If a speeding driver in a parking lot is deemed 35% at fault and the backing up driver is deemed 65%, the speeding driver could seek a financial recovery. The speeding driver’s recovery would be reduced by 35% of its value, though.
How a Lawyer Proves Fault in an Injury Case
Seeking compensation after a car accident can be a complicated process, even if your case seems relatively straightforward. In many backing-up accident cases, drivers may dispute the basic facts of the case.
Proving another driver was at fault and owes you compensation will require the following:
Proving the Four Elements of Negligence
Your lawyer can prove the other driver was at fault by demonstrating the following elements of negligence:
- The other driver owed you a duty of care.
- The other driver breached their duty of care.
- Your injuries and damages resulted.
Of course, proving that the other driver was negligent will require strong evidence. You may want a lawyer’s help with evidence gathering as well.
Gathering Evidence of Negligence
An attorney will build your case based on evidence of the accident and your injuries. They may draw evidence from sources such as:
- Police reports
- Witness statements
- Traffic camera footage
- Local businesses’ security camera footage
- Photos from the accident scene
- Medical records
- Statements from your doctor
Negotiating the Best Possible Settlement
While many car accident cases can be resolved through an out-of-court settlement, you may want help with the negotiation process. Your lawyer can accurately value your damages and seek the best results in conversations with insurance companies.
If necessary, an injury lawyer can take your case to court to prove that the liable party owes you a fair financial recovery.
What Does It Cost to Hire a Lawyer For My Case?
Many injury lawyers will work based on contingency fees.* This means that you don’t have to pay any upfront fees such as:
- Hourly rates
- Retainers
Instead, you would only owe your lawyer payment for their services as a percentage of your final settlement or award. This means you don’t have to use your savings to finance an injury case and get legal help.
George Sink, P.A. Injury Lawyers Is Ready to Help You Seek Compensation Today
After a backing-up accident, you may have many questions about who is at fault and how they’re going to pay you for your damages. Our attorneys can help car accident victims in Georgia and South Carolina seek the compensation they need for medical bills, lost income, and pain and suffering.
Call today to get a free case review. The call is free, and there is no obligation: (888) 612-7001.