Who's fault - back up accident?

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Latest post Tue, Jun 23 2009 12:36 PM by coody. 7 replies.
  • Mon, Jun 22 2009 3:10 AM

    • coody
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    Who's fault - back up accident?

    I did not see any car while my vehicle was starting to back up into my side of the street. The other car backed out quickly from the other side of the street parking spot but got into my lane by moving across the center of the street. The other car rear bumper hit my vehicle rear bumper. The other car driver told the police he backed up first. I told the police the hit was due to the other car backing up into my lane by moving across the center of the street. The police just issued a driver exchange of information form and told us to report insurance. I took the picture to show the other car had apparently backed up into my lane.  Do you think who was at fault and how to prove the fault?

  • Mon, Jun 22 2009 10:20 AM In reply to

    Re: Who's fault - back up accident?

    Mutual back up collisions are, unfortunately, the fault of both parties.

    He may have a slightly greater duty since he was backing across lanes but you also have a duty to make sure it's clear before you back out into the street.

    And since each driver blames the other anyway, the only way to prove anything is with independent unbiased witnesses which apparently you don't have.

    I suspect that each driver's insurance is likely to deny liability to the other.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Jun 22 2009 1:58 PM In reply to

    • coody
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    Re: Who's fault - back up accident?

    I have taken a picture to show the other car has partially backed up into my lane where my vehicle was hit. Do you mean the car can back up into the opposite lane? Do you mean the vehicle in its own lane should yield the other car that is backing up into the opposite lane? Don’t you think the car should back up into its own lane?

  • Mon, Jun 22 2009 7:00 PM In reply to

    Re: Who's fault - back up accident?

    When you back out you are obligated to yield to oncoming vehicles.

    When two vehicles back out they are both obligated to yield to oncoming vehicles so it becomes rather difficult to apportion fault.

    However, this is how I view it (and I could be wrong).

    A vehicle backing out into its own lane has only it's own lane to watch for.

    A vehicle backing out across two lanes has both lanes to watch out for in both directions and certainly cannot look at both directions at the same time so when he's looking one way he's not looking the other way. And when he hits somebody because at that moment he was looking some place else, that's negligence.

    Whether it's 100% negligence is another question.

    Because when you back out into your lane you are looking to the right for oncoming vehicles and not looking across the street. If you pulled out nose first you would have been able to scan in all directions and avoid the car pulling out across the street.

    I think there is a bit of negligence applied to anybody who backs out and hits or gets hit, simply because it's impossible to look in all the necessary directions. And when you hit something where you weren't looking, it's negligence.

    Don't be surprised if there is a percentage of fault applied to each of you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Jun 22 2009 9:06 PM In reply to

    • coody
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    Re: Who's fault - back up accident?

    adjuster jack:
    When you back out you are obligated to yield to oncoming vehicles. When two vehicles back out they are both obligated to yield to oncoming vehicles so it becomes rather difficult to apportion fault.

    You are concentrated in “both obligated to yield to oncoming vehicles.” That is correct. However, you forgot an important violation. The car cannot back up into the opposite lane unless it is necessary to do so. Can you help me to locate the law that the car is allowed to back up into the opposite lane by moving across the center of the street? In this case, if the other car backed up his car into his lane, there should have no accident at all. You probably have not noticed it although I already reminded you.  Anyone can arguer I back out first and I have seen the road carefully etc. Now the question is why you need to back up into the opposite lane if the road is clear? Do you know your car may hit the vehicle in the opposite lane if doing so? What is your answer?

     

     

  • Mon, Jun 22 2009 9:28 PM In reply to

    Re: Who's fault - back up accident?

    You are welcome to look up your state's traffic laws.

    I doubt if you'll find a particular violation for backing up.

    But there will be a violation for failing to yield which is what would likely apply to someone who backed up and hit a car.

    As for your other points, it appears that, unless I write what you want to see (that you aren't at fault), you'll keep coming back with more arguments no matter what I write and I'm really not interested in an endless debate.

    Bottom line, though, it's possible that you could both be held partially responsible, the percentage of which to be determined by your respective insurance companies or a court.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Jun 23 2009 12:36 PM In reply to

    • coody
      Consumer
    • Top 500 Contributor
    • Joined on Thu, Sep 28 2006
    • Posts 68

    Re: Who's fault - back up accident?

    adjuster jack:
    You are welcome to look up your state's traffic laws.

    For your information, I did see the violation if the car enters the opposite lane and you should know it very well. You can try to back up your car into the opposite lane; I bet you will be horned. I appreciate your opinion, though.

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