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Can I Sue If I Was Injured By A Car Backing Up?



Injured by a car backing up

Many of today’s vehicles feature reverse image cameras to assist motorists while they back out of parking spaces and alert them when the rear of their car or truck is in danger of striking an object. While these modern safety devices may prevent some accidents for drivers backing out of parking spaces, these incidents still occur. While most of these collisions occur at low speeds, injuries can occur and leave you with questions regarding liability. Our lawyers at Big Auto Accident Attorneys can help you answer these questions and guide you concerning your legal rights and options for seeking financial compensation.

How Do Backup Accidents Happen? 

One of the main causes of backup accidents is driver inattention. When backing out of a parking space at a parking garage or parking lot, drivers may become distracted for several reasons, including:

Individuals backing up may also do so too quickly and fail to notice other cars passing at the rear or backing out of a space directly behind them. If you find yourself involved in this type of accident, knowing how to proceed can prevent problems later on, especially if you decide to sue for your injuries.

How Do You Protect Your Rights After a Backing-Up Accident? 

When a backing-up accident occurs, your first instinct may urge you to get out of your car and confront the other driver concerning who is at fault, but avoiding such conversations can protect you from accidentally admitting any fault. Calling the police and remaining in your vehicle if it is in a safe location is usually the wisest course of action.

Once the police arrive, request that they make a report and document any injuries you suffered in the collision. You may not notice pain or soft tissue injuries right away due to the shock of the accident, and some injuries are not immediately apparent. Seeking medical attention soon after a backing-up collision can protect your health and provide you with proof of injury.

How Can You Protect Your Upcoming Lawsuit? 

Once our attorneys go to work for you, there are several ways you can protect yourself and your growing case.

Keep Data Private

Your friends and family might have questions or curiosity about your backing-up car crash lawsuit. However, speaking as little as possible about details to others, even casually, protects sensitive information our attorneys might need in court.

Avoid Social Media

Discussing your upcoming court case on social media may cause serious damage if you happen to say something in writing, such as admitting shared fault in the crash. Social media posts can come back to haunt you, so avoid putting anything on a public site where anyone can access it.

Forward Insurance Settlement Offers To Our Attorneys 

If the other driver’s insurance company contacts you with settlement offers, avoid accepting them until our lawyers can review them. You can even allow us to represent you completely in these matters so you can focus on healing from your injuries.

What Types of Injuries Occur In a Backing-Up Crash? 

The severity of injuries that occur during a backup crash typically depends on the rate of speed of each vehicle and the force of the collision. Some symptoms of physical trauma may show up hours or days after the crash.


This is one of the most common injuries that occur during a car crash. The force of the impact causes the head to snap forward and then back, which can cause damage to the neck and spine. Symptoms include neck pain and stiffness, unexplained numbness in the extremities and dizziness.

Traumatic Brain Injury 

The force of an accident can cause you to strike your head on the steering wheel or dashboard, causing your brain to strike the inside of the skull. This causes brain bruising or bleeding. You may experience fatigue, vision changes, dizziness, nausea and sudden changes in speech after a TBI.

Spinal Injuries 

When two vehicles collide during a backing-up collision, the force of impact can injure the vertebrae in your spine. This type of trauma may not present for several days until you experience partial numbness, difficulty with balance and pain that radiates along the spine itself.

How Do You Prove Liability for a Backup Accident? 

While most backing-up collisions happen at relatively slow speeds, you may still suffer considerable injuries that require medical care and even long-term treatment. To collect compensation, you must prove the other driver’s wrongdoing, and bringing your case to our attorneys can help you meet the burden of proof courts require.

The Other Driver Failed To Yield Right-Of-Way 

If the driver of the other vehicle failed to yield the right of way and hit you as he or she backed up out of a parking space, For example, if you attempt to exit a parking garage and a car backs out of a parking space and strikes your car, that driver failed to give you the right of way and would be responsible for the accident.

The Other Driver Was Traveling Too Fast for the Environment 

Busy parking lots and garages are the perfect storm for a backing-up collision, especially when drivers exceed the speed limit. Our attorneys will review police and insurance reports to prove the other driver was not operating the vehicle safely.

The Other Driver Was Reckless

Reckless driving, such as backing up too quickly or failing to check the surroundings before reversing, causes many backup accidents. Reckless or careless driving on the part of the other driver may allow you to claim punitive damages for negligent behavior. Our attorneys will use all available data to build a case and fight for the compensation you deserve.

What Types of Damages Can You Claim In a Backup Accident? 

Although most backing-up accidents happen at minimal speeds, you can still experience serious injuries. Depending on the individual circumstances of your case, our attorneys at Big Auto can help you recover both compensatory and non-compensatory losses.

Lost Wages

If your injuries prevent you from performing your duties at work or you cannot return to work at all after a backing-up accident, letters from your physician and employer can provide our attorneys with the proof they require to prove your monetary loss.

Medical Costs

Treating serious physical trauma, such as a spinal injury, can cost thousands of dollars for medications, equipment and the future physical therapy you might require. If the other driver’s car insurance does not cover the cost of your medical needs, our attorneys can seek the remaining damages in court.

Pain and Suffering

This is a non-compensatory damage that has no set value. The losses that fall under this term might include loss of enjoyment of life, loss of consortium and the physical and emotional anguish you experienced after the accident.

Contact Us for Help With Your Backing-Up Crash Case 

The injuries you receive in a backup car crash can change your life forever. Your lifestyle and relationships with people may not be what they once were. While the future may look uncertain, you do not have to face it alone. Contact us at Big Auto Accident Attorneys today for further information and let us fight for the compensation you deserve.