Whether someone is backing out of a parking spot at The Galleria or adjusting their parking alongside a street, typically, the person reversing is at fault in car accidents. However, there are some exceptions to this rule. In this article, we’ll explain who is likely to be liable, what to do if you’ve been in a reversing car accident, and how aFort Lauderdale car accident lawyer can help.
Who Is at Fault in a Car Accident That Happens While Reversing?
Rear-end collisions are all too common, particularly in parking lots. In typical situations,the person reversing is required to yield the right of way and ensure that their path is free of any cars or pedestrians. If someone doesn’t do that, and it results in a collision, the reversing driver is generally the at-fault party.
However, in cases where the other vehicle’s driver acted negligently, then they may be at fault in the reversing car accident, or at least partially at fault.
For example:
- The other driver was speeding, and there was no way for you to account for them when backing up
- The other driver was distracted and collided with your car when you were already in the process of reversing from a parking space
- The other driver was drunk and behaved erratically
Proving fault in reversing car crashes can be complicated.
It’s essential to consider the whole environment where the accident occurred. Was the parking lot well-lit? Were there any visual obstructions or poorly marked spaces? Property owners might bear partial liability if the parking design contributed to limited visibility or unsafe conditions.
In some Fort Lauderdale neighborhoods, particularly around downtown or busy plazas, narrow drive lanes and angled parking create tight reversing conditions. Drivers must exercise extra caution in these areas, especially during high-traffic periods when pedestrians and cyclists are also present.
How a Fort Lauderdale Car Accident Attorney Proves Negligence
To determine who was at fault in a reversing car accident, aFort Lauderdale personal injury lawyer will carefully investigate. They may gather evidence like:
- Witness interviews
- Surveillance footage, such as from security cameras
- Phone records, police reports, blood alcohol test results, and other official documentation
- Expert testimony, such as from an accident reconstructionist
Using evidence, a personal injury attorney can build a compelling case for liability.
Accident reconstructionists use data points like tire angles, vehicle positioning, and point-of-impact analysis to determine which driver was moving and at what time. These findings can clarify disputes about whether the reversing driver had already stopped when the collision occurred.
Additionally, dashcam footage and digital vehicle logs from modern cars may show exact speeds and braking actions, which can strengthen claims of cautious reversing or sudden behavior from the other driver.
What Happens If You Are Partially at Fault in a Reversing Car Accident?
Florida uses a modified comparative negligence rule for determining whether someone has the right to pursue compensation. UnderFlorida Statutes § 768.81, accident victims can pursue compensation from an at-fault driver as long as they are not greater than 50% at fault.
However, it’s important to note that your percentage of fault will affect the amount of compensation that you can recover. Under this law, your recoverable compensation is reduced by your percentage of fault. For example, if you are eligible to recover $100,000 but are determined 20% at fault, then you can only recover $80,000.
Insurance companies often attempt to exaggerate a driver’s share of fault in reversing accidents. They may argue you failed to look both ways, ignored posted signs, or moved too quickly. An experienced lawyer can counter these narratives with objective evidence and witness support.
Even if you were moving at the time of the crash, the other driver may still hold a higher share of fault if they were driving aggressively, failed to yield, or violated traffic rules in a private lot or structure.
Shared Liability in Multi-Car Reversing Accidents
In some cases, reversing accidents involve more than two vehicles. For example, one driver may be backing out while another is also reversing from a nearby space. If they collide in the middle, fault may be split depending on who had the clearer path or better visibility.
Some scenarios involve chain reactions where a reversing vehicle causes a second car to strike a third. In such events, liability may extend to more than one party. Your attorney will investigate whether improper signaling, inattention, or failure to yield played a role for each driver involved.
This type of analysis is especially critical in commercial lots, delivery areas, or tight residential garages standard in Fort Lauderdale developments.
Backing Up Collisions Involving Pedestrians or Cyclists
If a pedestrian or cyclist is struck by a vehicle backing up, the driver is almost always found at fault unless extraordinary circumstances exist. Florida law requires drivers to yield to pedestrians and maintain proper awareness when backing up or operating in reverse.
However, if a pedestrian ran behind a reversing car without warning or a cyclist approached from an illegal direction, partial fault may apply. These nuances are why legal guidance is vital in evaluating all contributing actions.
Choose a Legal Team That Delivers Proven Results
At the Law Offices of Wolf & Pravato, we understand the complexities of reversing collisions and the assumptions often made by insurers. We know how to challenge those assumptions with facts, evidence, and a client-centered strategy.
Our team has secured meaningful compensation for accident victims across South Florida, including:
- $3.85 million for a truck rollover crash in Fort Lauderdale
- $5.25 million in a wrongful death commercial vehicle case
- $925,000 for a negligent security shooting victim in Miami
We investigate every angle, including whether improper vehicle towing or loss of crash scene evidence hurt your case. If your car was moved before inspection, we work to recover surveillance footage and reconstruct the scene.
We work on a contingency basis, meaning you don’t pay unless we win. With over 20 years of experience, our team brings both legal and investigative insight to every reversing accident case.
Contact a Car Accident Lawyer
Suppose you’ve been injured in a motor vehicle accident involving a reversing car collision. In that case, you may be eligible for compensation to cover losses like medical expenses, lost wages, emotional distress, and property damage. One of our car accident lawyers can fight for a fair settlement.
At the Law Offices of Wolf & Pravato,our legal team works on a contingency fee basis. There are no upfront costs, and you only pay our fees when we recover compensation for your auto accident. Contact us today at (954) 633-8270 to get started with a free initial consultation.