Backing-up crashes are a common yet significant issue in places like parking lots. Although some of these crashes can be minor, they could still cause serious injuries, especially if the victim is a pedestrian. Determining who may be liable for damages in these incidents is not always straightforward.
Table of Contents
Were you injured in a backing=up crash in South Carolina? If so, we want to help you. Call our law offices to speak to one of our experienced Charleston car accident attorneys at Roden Law. This meeting is free, and there is no obligation to file a claim. This is a great opportunity to discuss your situation with a qualified attorney at our firm and determine your potential legal options.
Request your FREE, no-risk consultation today. 1-844-RESULTS
Who Is At-Fault for Backing-Up Crashes in Charleston?
Most of the time, the party backing up is going to be liable. That said, even backing-up crashes in South Carolina can be complex. Liability is not always clear or straightforward, and sometimes fault may be shared.
Here are some of the parties who could be liable for a South Carolina backing-up crash:
- The driver backing-up or out: Often the primary at-fault party since it is their duty to make sure the path is clear before backing out
- A driver in the feeder lane: May share fault if they were speeding by to avoid having to wait or were not paying attention
- The vehicle owner: Might share some fault if they knowingly allowed an incompetent driver to use their car
- An employer: Could be held liable if the backing-up driver was operating a company vehicle on company time
- Vehicle manufacturer: May be at fault if a vehicle defect, such as a sudden unintended acceleration (SUA), led to the crash
- Government entity or property manager: Potentially liable if poor road design or negligent maintenance played a role in causing the incident.
What If I Am Partially to Blame for a Backing-Up Crash in Charleston?
It is not uncommon for two parties to share liability for a backing-up crash. South Carolina follows a modified comparative negligence rule, so you may still be able to recover at least a portion of your damages. The percentage of fault you are assessed with gets deducted from any awarded compensation. You cannot, however, recover compensation if you are more than 50 percent liable. Even if you are 51 percent at fault, you are barred from recovering damages.
Right after a crash, it is important that you do not try to determine whether you were at fault. Be honest about what you believe happened, but let crash investigators do their job and figure out other factors that may have led to the crash.
We recommend you consider consulting with an experienced auto accident lawyer. Having a lawyer represent you means that someone is fighting to protect your rights and legal interests. This includes disputing any liability unfairly assessed against you.
How Backing-Up Crashes Happen
Backing-up crashes are pretty common, no matter where you live. They are often the result of errors or negligence, such as driver distractions or trusting a backing-up camera too much. These accidents can happen in various settings and circumstances, potentially leading to serious injuries and property damage.
Being mindful of how and where backing-up crashes occur is important. It is also an important reminder of how drivers and pedestrians need to take preventive measures to avoid causing harm to someone in a backing-up accident.
Where Do Backing Crashes Happen?
Backing-up crashes are most likely to occur when people are backing out of a parking space or driveway. It is important to stay alert when backing up or when approaching someone who is backing up. It is a driver’s duty to stay focused on the road and what is happening around their vehicle at all times. Typically, backing up crashes happen in these areas:
- Parking lots: Drivers backing out of parking spaces collide with passing vehicles or pedestrians.
- Driveways: Motorists backing out onto the street fail to see oncoming traffic.
- Residential areas: Drivers reversing without noticing children, pets or obstacles behind their vehicle.
- Construction sites: Workers or equipment operators backing up heavy machinery without proper spotters.
- Loading docks: Truck drivers failing to check blind spots or misjudging distances while reversing to load or unload cargo.
- Busy streets: Drivers attempting to back into parallel parking spaces in high-traffic areas.
- Intersections: Motorists backing up after missing a turn or entering the wrong lane.
- Highways: Drivers reversing on shoulders or emergency lanes after missing an exit.
What Should I Do After a Backing-Up Crash?
If you are involved in a backing-up crash, it is important to remain calm. Any kind of accident can shake you up a bit, even if it seems minor.
Report the Incident
Be sure to report the accident to the proper authorities, even if it seems no one is hurt. This documentation will be important if you later find you have medical costs or vehicle damage and need to file a claim.
Gather Information
Gather information from other involved parties, of course, and check for witnesses who may have seen what happened.
Call for Help
Call 9-1-1 if anyone is injured to get medical assistance to the scene as soon as possible.
Get Medical Attention
Even if you do not think you are hurt, getting examined at the ER is a good idea. You could have internal injuries and can only find that out if you get diagnostic imaging done. Your medical records, which document the date and details of your ER visit, also help link your injuries to the crash that caused them. This is vital to any legal claim you may later pursue.
Seek Legal Help
Seek legal help as soon after the crash as possible to determine if you may have a claim.
Need Help with Your Backing-Up Crash Claim? Call Roden Law
If you have questions after a car crash, call our firm to discuss your potential case. At Roden Law, we can help answer your legal questions and determine your potential legal options.
Call our law office to speak with a member of our legal team about your situation. Your initial consultation is completely free, and there are no upfront costs or fees if we represent you.
Learn more about your legal options. 1-844-RESULTS