Backing-Up Car Accident Lawyer
Every vehicle has blind zones, making it challenging for the driver to see, mostly out of the rear window. These blind spots are especially dangerous while backing up a vehicle, when pedestrians, bicyclists, and even other and cars, trucks, and motorcycles might be in these blind spots.
Most “backing up” accidents occur at low speeds while driving in reverse out of a driveway or parking space, usually causing property damage. Backing up collisions cause many physical injuries and fatalities every year.
A Chicago Backing Car Accident Injuries Attorney can Help
The Chicago car accident attorneys at Rosenfeld Injury Lawyers LLC protect the legal rights of victims injured by a ‘backing-up’ vehicle accident. We represent clients who are harmed in car and truck accidents, drunk driving collisions, uninsured motorist crashes, pedestrian accidents, and medical malpractice.
Our personal injury lawyers currently represent victims throughout Illinois, including Cook County, DuPage County, Kane County, Lake County, Will County, Aurora, Chicago, Elgin, Naperville, and Schaumburg.
Backing Car Accident FAQs
What is a Backing Accident?
Every motorist backing out of a driveway or parking space must look in all directions before reversing. Generally, the police will cite the driver moving in reverse who hit another car, truck, motorcycle, bicyclists, or pedestrian.
What is the Best Way to Avoid a Backing Accident?
Car or truck drivers can take specific steps to reduce the chance of involvement in a backing accident, including completing a walk around the vehicle before getting in and moving.
Once inside the vehicle, do not delay backing up, and use all mirrors to look around the car’s perimeter again. Back up slowly while physically turning around, looking, and listening for any dangerous scenario.
Is the Driver Backing up Always at Fault?
Typically, the police reporting an accident will cite the driver who backed up and hit another vehicle, object, cyclist, or pedestrian. Drivers backing out of a parking space or driveway must look in all directions before moving back to avoid colliding with any object.
However, there may be specific scenarios where the driver backing up is not at fault for causing the collision. An attorney representing their client will often hire investigators to re-create the accident scene to prove how others caused the crash.
Who is at Fault When two Cars Reverse Into Each Other?
Simultaneous collisions, when two vehicles back into each other, are common occurrences in parking lots nationwide. Typically, both negligent drivers’ insurance policies will cover their policyholder’s damage when both have been cited partially for causing the collision.
What to do if Someone Backs Into You?
Ensure that everyone is safe when the accident occurs and call 911 to report the collision and ask for medical attention even if it is apparent that no one is hurt. Next, speak to the responding officer, who will likely be filling out a police report to document what occurred.
Gather evidence through eyewitness accounts and take down their personal information, including name, address, and phone number, once in a safe area. Finally, contact the insurance company to seek compensation for damages or speak to an attorney to file a personal injury claim on your behalf.
How do Adjusters Determine who is at Fault?
Your insurance coverage carrier will send a claims adjuster to gather pertinent information about the collision. The adjuster will likely review the police report, interview every party involved, look at medical records, and assess the damage by looking at the vehicle or photographs.
The claims adjuster will contact the insurance company to discuss who they determine is responsible for the accident based on all the facts they obtained. However, their conclusions are not always the end of the process, and that the accident victim’s personal injury attorney could conduct an internal investigation on behalf of their client.
A Chicago car accident lawyer handling injury cases can provide a free case evaluation. An attorney can ensure the victim is compensated for any harm, including back injury, spinal cord damage, traumatic brain injury (TBI), whiplash, and broken bones.
Frequency and Severity of Backing-Up Auto Accidents
Backing up accidents cause thousands of car accident injuries and hundreds of fatalities each year, although they are a smaller percentage of the total amount of injury auto accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that an average of 18,000 “back over” injury accidents and another 30,000 other backing accidents injuries happen each year.
Also, there are over 400 fatalities connected with backing accidents every year. Sadly, so many backing up accidents kill children and the elderly.
According to the Insurance Institute for Highway Safety (IIHS), in 2017:
- Ninety-seven of 184 ‘back over’ fatalities were children under the age of five
- Seventy-one of the deaths in back over crashes were seniors seventy-years old or older
- An estimated 5,000 injuries out of 18,000 were persons under five or over seventy years of age
The statistics might be even higher as backing up crashes that occur on private property are not reported as traffic accidents but documented as non-traffic crashes. Also, many backing accidents happening in driveways or parking lots are not reported to data systems that track local traffic accidents.
Preventing Backing up Car Accidents
Everyone is responsible for reducing backing up accidents. The sad fact is that almost all back over accidents are preventable, and most are caused by passenger vehicles.
The National Highway Traffic Safety Administration (NHTSA) estimates that thirty-nine percent of ‘back over accident’ fatalities happen in residential areas, mostly involving passenger vehicles. Some ways that these accidents can be prevented include:
- Driver caution – Check all mirrors and look over your shoulders to check blind spots before backing up to reduce the chance causing a backing up accident.
- Backing up safety devices – Many newer vehicles are equipped with backup sensors or cameras that alert drivers if there is anything behind the vehicle.
- Play areas – Parents can help keep kids safe by keeping outdoor play areas away from adjacent driveways.
- Pedestrian precaution – Pedestrians and bicyclists must be aware of moving vehicles. Use caution when approaching a driveway or alley where a vehicle might be exiting. Teach children to check the dangerous areas like when crossing a street and be alert around all parked vehicles that could start moving at any time.
Vehicle Back Over Injury Liability
In most car accident cases, the motorist driving in reverse is liable in a backing up accident, especially if it involves a pedestrian. As in all auto accidents, the driver’s insurance should cover damages caused by the crash.
Damages could include medical bills, lost wages, and other expenses caused by the crash.
Some drivers back into victims only to leave the scene of the accident in tragic hit-and-run cases. These victims have many options for compensation.
Drivers with uninsured motorist coverage might be able to be compensated by their personal insurance company to pay for the expenses caused by the hit-and-run “back up accident.”
Hiring a Chicago Backing Up Car Accident Lawyer
Were you or your child injured in vehicle backing accident in Chicago or elsewhere in Illinois? Do not assume that the insurance carrier for the driver who caused a backing vehicle accident will compensate you for your serious injuries or surviving family members who lost a loved one through wrongful death.
Rosenfeld Injury Lawyers LLC is a Chicago motor vehicle accident law firm committed to protecting your legal rights in the wake of an injury caused by backing-up a car or truck. Contact our car crash injury lawyers at (888) 424-5757 (toll-free phone call) to schedule a free consultation to obtain financial compensation for hospitalization costs, medical expenses, pain-and-suffering, and wrongful death.
All discussions with our law firm remain confidential through an attorney-client relationship. All necessary car accident claims must be filed before the statute of limitations expires.
Please do not send sensitive information to our law office through voicemail, email, or text message. Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).
Statistics and safety information about backing vehicle accidents: