An Overview of Accident Liability
Determining fault in car accidents can be complex, especially involving a driver who was backing up. Investigations into the factors that contributed to an accident and whether they caused it are critical to determining legal liability.
Police reports often play a vital role in identifying the at-fault party, including official observations and sometimes conclusions about the accident. Insurance companies also conduct their own investigations, the findings of which may also be used in court.
Fault in a car accident is determined through the analysis of many different factors, potentially including:
- Accident reports
- Witness statements
- Any available video or photographic evidence
- Medical reports
- Vehicle mechanic reports
- Expert testimony
More than one factor often contributed to an accident, and consequently, several parties may share legal liability. This can be especially true in cases where a driver was backing up at the time of the accident. If multiple parties contributed to an accident, the courts will have to determine each party's degree of fault.
How Do Courts Determine Degree of Fault?
Courts use a variety of methods and criteria to determine the percentage of fault assigned to each party involved in a car accident. This process often entails evaluating the evidence collected during investigations. Additionally, the court will assess each driver's actions leading up to the accident, considering whether they adhered to traffic laws and exercised reasonable caution.
Ultimately, a judge or jury will weigh all evidence presented to arrive at a proportional determination of fault.
Why Degree of Fault Matters
New York follows the doctrine of comparative negligence, meaning that even if you are partially at fault for an accident, you may still be entitled to recover damages. This approach considers the degree of fault of all parties involved.
For instance, if you are found to be 20% at fault, you could still recover 80% of the total damages. This concept is particularly important in backing-up accidents, where fault may not be entirely clear-cut.
General Rules of Fault in Backing-Up Accidents
Backing-up accidents often occur in parking lots, driveways, and areas with street parking. Typically, the driver who was backing up is usually found to hold the most legal liability. This is because the backing-up driver has the responsibility to ensure the path is clear and safe before proceeding. They are expected to yield to oncoming traffic and pedestrians.
Consequently, they are likely to be perceived as at fault if an accident occurs during this maneuver.
Exceptions to the General Rule
There are exceptions where the backing-up driver might not be found solely at fault or at fault at all. For example, suppose another driver was speeding, not following traffic signals, or behaving recklessly. In that case, they may be found liable, especially if the backing-up driver was deemed to have acted with due caution.
Personal injury cases that involve a driver who was in reverse can be incredibly complex, with many factors at play. As such, it may be well worth your time to consult with an experienced personal injury attorney (like ours at Foley Griffin) to better understand your rights, given your unique situation.
When to Seek Legal Guidance
Being involved in a backing-up accident doesn't automatically assign full liability to the backing-up driver. We understand how confusing these cases can be, and we are here to help you identify your options, negotiate with insurance companies, and pursue a civil case should that be in your best interests.
Consider contacting a personal injury attorney in situations where:
- There are serious injuries involved.
- There is a dispute over who is at fault.
- You face challenges with insurance companies.
The aftermath of a car accident can be daunting, but with seasoned legal guidance, you can feel more confident making important decisions. Our Nassau County law firm is committed to standing by your side every step of the way.
Contact us online to schedule a consultation.