Many parties could be at fault in car accidents when backing up. Every individual accident happens under different circumstances that determine who is responsible. You will have to look at the evidence to identify the at-fault party.
How to Assign Negligence to a Backing-Up Accident
If the accident was caused by someone else, you would need to prove that:
- They owed you a duty of care.
- They violated this duty of care by driving negligently.
- This negligent act caused the accident.
- You suffered losses because of the accident.
You could secure a settlement or award by proving these things through the use of evidence that supports your testimony. This can include the accident report, any video footage of the accident, photos of your injuries and the damage to the vehicles involved, and testimony from people who saw the accident happen.
Causes of Backing-Up Accidents You Can Sue for
In an accident primarily caused by someone else, the following could have occurred for which you can sue:
Your Parked Car was Hit by Another Vehicle Backing Up
If you were parked or idling and hit by a car backing out of a space (or backing up to drive into a space), you might not be at fault. This could have happened in a parking lot, near street parking, or on a residential property. A bar patron might have wanted to drive home after exceeding the legal limit to drive and hit your car while pulling out of their space.
This accident also could have occurred while you were at work. If you work on a construction site, a third-party contractor could have backed their dump truck into your personal vehicle because they were texting behind the wheel or driving while intoxicated.
Another Car Backed Into Yours at an Intersection
Sometimes speeding drivers do not have enough time and distance at a red light to stop safely. When this occurs, they can come to a stop in the crosswalk or over the line and well into the intersection. You might have come to a stop behind them before the light turned and were hit when the other driver backed up to get out of the intersection.
You Might Have Failed to Move Your Vehicle
You could have turned the corner and hit a vehicle that was backing up. This other driver could have been driving intoxicated and backing up to better view the scenery. You might be determined to be partially at fault because you did not look where you were going, but the other driver could be determined to be mostly at fault for driving drunk and distracted.
Compensation Available to You After a Backing-Up Accident
Because each accident is specific, every victim has different losses they could cite when pursuing fair compensation.
These damages might include:
- Past and future pain and suffering
- Past and future medical bills
- Vehicle repair bills
- Past and future mental anguish, such as post-traumatic stress disorder (PTSD)
- Past lost wages, tips, bonuses, etc.
- Future loss of earning capacity
How a Lawyer with Our Firm Can Help You Build Your Case in This Situation
You do not need to spend time fighting with insurance adjusters. Let a legal professional do this for you.
Your team can:
- Evaluate your losses in a sign a total value to them
- Handle negotiation with the insurance company
- Gather evidence that supports your testimony
- Interview eyewitnesses to the accident
- Recruit accident reconstructionists and expert medical witnesses to testify in your case
- File all paperwork on time
- Keep you updated throughout the case
- Argue your case in court, if necessary
Your Portion of Fault as Determined by Law
Depending on how your accident happened, you could be owed a settlement covering all your losses or a portion of them. This is because you could be partially at fault for the accident. Under NRS §41.141, if you are more than 50% responsible for the accident, your portion of the fault would be reduced.
The Statute of Limitations in Your Case
Every state imposes a statute of limitations that limits an accident victim’s time frame to file a lawsuit. NRS §11.190(4)(e) states that you have two years to do so after a personal injury, such as one that occurs after a car accident backing up.
Our Car Accident Lawyers Work for a Contingency Fee
We offer free consultations to all prospective clients. Also, you will not have to pay us anything upfront.
Do not worry about cutting us a check before we do any work for you. Unlike other lawyers, we take our fee out of a portion of your award. You do not pay us unless, and until, we win for you.
This is your opportunity to secure justice for yourself and your family. We can also help you if your child was injured in the accident or if you lost a loved one in the collision.
Get Help from the Attorneys at Bernstein & Poisson Today
Let us take on your case so that we can pursue a fair settlement for you. Call (702) 633-3333 today to discuss fault in an accident when backing up is involved.