When you are trying to determine who is liable for an accident where a car was backing up, the answer usually depends on who had the right of way at the time of the accident. To put it simply, if you have the right of way and a car backs into you, that car did not have the right to be in the roadway at the time of the collision; therefore, they are liable in most cases.
Additionally, as a rule of thumb, if you are at a stop sign and another vehicle collides with you, they are liable for any damages you sustain.
However, these rules are subject to change based on a variety of factors, including:
- Whether you were speeding at the time of the accident
- The area of town you were driving in (for example, school zones, crosswalks, etc.)
- The weather conditions leading up to the accident
- Whether defective vehicle parts played a role in the collision
- If either driver was operating their vehicle under the influence of drugs or alcohol
- The laws in your particular city or state
- And more
Determining Liability
Determining liability can be one of the most challenging and important parts of any Fort Lauderdale personal injury lawsuit. That is why many victims defer to the experience of a legal professional.
With a Fort Lauderdale car accident lawyer from our firm on your side, you can feel confident knowing someone with knowledge of relevant traffic laws is handling your situation.
Gathering Evidence to Help Determine who was at Fault for Your Accident
If possible, you should start gathering evidence from the scene of your accident as soon as you are out of harm’s way. This includes getting contact information from any other parties involved with your accident, a copy of the police report, and many other evidence-gathering strategies.
Many victims turn to car accident lawyers for assistance during the early stages of the investigation process. This allows you to focus all your energy on your recovery instead of gathering information from a variety of sources.
While helping you determine liability, your attorney may choose to pursue several different investigation methods, including:
- Examining photographs from the accident scene
- Pulling surveillance footage from any local businesses or traffic camera
- Gathering statements from eyewitnesses
- Outsourcing aspects of the investigation to accident reconstruction experts, forensic specialists, and other expert witnesses
- Studying the unique traffic laws in your city
- Going over previous legal precedents that may apply to your case
- And more
Time Limits on Filing a Lawsuit After an Improper Backing Accident
Florida Statutes §95.11(3)(a) requires most victims to file a personal injury lawsuit within four years of their improper backing accidents. That includes cases involving any level of bodily injuries, financial damages, and psychological suffering.
If you have recently lost a loved one during one of these accidents, Florida Statutes §95.11(4)(d) requires you to file a wrongful death lawsuit within two years of their passing. In other circumstances, these cases must be brought even sooner than the general statute of limitations.
Fortunately, a Fort Lauderdale car accident lawyer can be there to educate you about which laws apply to your case. Their main goal is to protect your right to compensation moving forward.
Improper Backing Accident Statistics Throughout the State of Florida
2018 the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) documented over 11,000 accidents from improper backing. Out of these accidents, there were seven fatalities and over 100 serious injuries. In total, it is possible that over 2,000 people were injured in these accidents.
When examining “failure to yield” accidents in general, there were over 30,000 possible injuries, resulting in nearly 400 fatalities.
Some of the more common injuries from improper backing accidents included:
- Broken bones
- Soft tissue damage
- Whiplash
- Concussions
- Cuts from broken glass
- Back injuries
- Traumatic brain injuries (TBIs)
- And more
If you think your injuries were caused by an improper backing accident, a car accident lawyer can help you document your injuries. From there, your attorney can look at these injuries’ overall impact on your life and translate these losses into monetary values.
It is important to understand your case’s value before you undertake any settlement negotiations.
Car Accident Lawyers Representing Victims in Florida
If you are still curious about who is liable for an accident when a car is backing up, or if you have any other legal questions surrounding your case, our attorneys at the Law Offices of Anidjar & Levine will be happy to assist you. Together, we can help protect your rights during your fight for compensation.
You do not have to go through this alone. For more information about our car accident services for victims in Florida, contact one of our team members at the Law Offices of Anidjar & Levine today.
