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BACKING OUT OF A PARKING SPACE AND GOT HIT, WHO IS AT FAULT?

John Bruscato July 29, 2024

Have you ever been in a backing-up accident or know someone who has in Monroe, LA or nearby? It’s more common than you might think. According to the latest data from the National Highway Traffic Safety Administration (NHTSA) for 2024, backover accidents cause around 183 fatalities and between 6,700 to 7,419 injuries each year. These stats really highlight why we need to stay alert and practice safety measures to prevent these incidents.

So, who’s at fault when cars back into each other? If you’ve found yourself in this situation, it’s natural to wonder. Let's break it down.

Is The Person Backing Up Always At Fault in Louisiana?

When it comes to determining fault in a backing-up accident in Louisiana, it usually boils down to two key questions:

  1. Who had the right of way?
    If both cars were moving, the driver who didn’t follow the right-of-way rules is typically at fault. It's pretty straightforward - the person who didn’t yield when they should have is usually to blame.

  2. Was one car stationary?
    If only one car was moving, then the moving car is usually at fault. Think about it - if you back into a parked car, it's clearly your fault.

Backing-up accidents are frequent in places like parking lots and driveways. It’s easy to get into a fender bender when you’re not paying close attention.

Common Scenarios for Backing-Up Accidents in Monroe, LA

Backing Out of a Parking Space
Parking lots have two kinds of lanes: thoroughfares (main lanes) and feeder lanes (connecting lanes). When backing out of a spot, the moving car in the thoroughfare generally has the right of way. But if that car was speeding or negligent, fault might be shared.

Backing Into Oncoming Louisiana Traffic
Here, if two or more cars are moving, the vehicle in the lane of traffic usually has the right of way. The car backing out is generally more at fault.

Two Cars Backing Up into Each Other
This happens a lot in parking lots. If both cars are reversing at the same time and crash, both drivers usually share the blame.

I Was Reversing and A Car Hit Me, Is It My Fault?

Not necessarily. While the driver reversing is often at fault, there are exceptions, especially if the other driver was being reckless, speeding, or negligent (like driving under the influence).

Preventing Backing-Up Accidents

You can’t always prevent accidents, but here are some tips:

  • Stay Aware: Check mirrors and blind spots before moving.

  • Use Safety Tech: Rely on backup cameras and sensors if your car has them.

  • Watch for Pedestrians: Always look out for people, especially in busy areas.

What to Do After a Backing-Up Accident

If you find yourself in a backing-up accident, exchange contact and insurance info with the other driver, take photos of the damage, and get a police report if needed. If you’re injured, a personal injury lawyer can help you explore your options.

Need An Accident Attorney in Monroe, LA?

If you’ve been in a backing-up accident and are dealing with injuries or property damage, getting legal advice can be a big help. Contact Bruscato Law Firm today for a free consultation. We'll help you understand your options and work to get the compensation you deserve.