Switch to ADA Accessible Theme
Close Menu
Miami Injury Lawyer
Call for a Free Consultation
En EspañOl
Personal Injury • Wrongful Death • Medical Malpractice
Miami Injury Lawyer > Blog > Car Accidents > Who Is At Fault In A Car Accident Caused By Backing Up?

Who Is At Fault In A Car Accident Caused By Backing Up?


Backing up accidents are not an uncommon occurrence in Miami and other parts of Florida, which has the third-highest number of registered automobiles in the country. A backing up accident may occur when a vehicle is moving in reverse and collides with a parked or moving vehicle in a parking lot or on the street.

In many backing-up accidents, fault is not immediately clear. Determining fault in a backing-up accident can be complicated, especially if two vehicles backed up into one another. That is why you should contact a skilled car accident lawyer to discuss liability in your particular situation

Schedule a case evaluation with our Miami car accident lawyers at Pita Weber Del Prado to talk about your backing-up accident.

Determining Fault in a Backing-Up Accident and the Right of Way

The vast majority of backing-up accidents occur in parking lots. In most cases, when a driver backs into a parked vehicle, the driver will be held responsible for causing the accident, though there may be exceptions, especially if the vehicle was parked illegally.

However, when two vehicles are moving in reverse and back into one another, both drivers may share fault. In backing up accidents, fault is determined based on who had the right of way. Let’s discuss a few common scenarios involving backing up collisions:

  1. When two vehicles are backing up at the same time, both drivers have a duty to check their mirrors to see where they are reversing. Unless one driver is more at fault than the other (they were distracted at the time of the crash), liability may be shared by both motorists.
  2. When a driver pulls out of a driveway or parking space into traffic, other drivers in the lane of traffic have the right of way. If the driver who exits the driveway or parking space collides with another vehicle in the lane of traffic, they will most likely be held liable for the crash.
  3. When a driver backs into an oncoming vehicle in a parking lot, the driver who was moving in reverse may be held liable for the crash unless the driver of the oncoming vehicle acted negligently or recklessly.
  4. When two drivers collide after trying to back into the same parking space, it is necessary to determine who has the right of way to establish fault.

Speak with an experienced and knowledgeable attorney to determine fault in your backing-up accident in Miami. Our lawyers at Pita Weber Del Prado offer a free initial consultation.

Can You Seek Compensation After a Backing Up Accident in Florida?

Fortunately, the vast majority of backing-up accidents occur at low speeds, which means parties are unlikely to suffer life-threatening injuries. However, even when a backing-up collision occurs at a low speed, the drivers or passengers may still suffer serious injuries that may require thousands of dollars in medical expenses and prevent them from working, among other impacts.

If you suffered injuries or your car was damaged in a backing-up accident, you can seek compensation for your damages and losses. Florida is a no-fault insurance state, which means you will need to turn to your own insurance policy for compensation regardless of fault.

Schedule a free consultation with a Miami car accident lawyer to talk about your case. Our attorneys at Pita Weber Del Prado are prepared to help. Call 305-670-2889 today.



Facebook Twitter LinkedIn

© 2019 - 2023 Pita Weber Del Prado. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.