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

Despite improvements in automobile safety technology, vehicle accidents caused by cars backing up still happen far too often. When you’ve been injured in a parking lot, garage or driveway accident, your injuries can range from minor discomfort to impacting your ability to work and enjoy life. Deciding whether or not to pursue legal action against the driver of the reversing car is less daunting with the support of a qualified lawyer. The attorneys at Fielding Law are dedicated to guiding your decision-making and fighting for your rights when you’ve been injured in a car accident.

Steps To Take When You’re Involved in a Car Accident

Even if the car accident is minor, you should seek medical attention right away to safeguard your health and document any injuries as evidence. Take the following steps immediately following the accident to ensure that everyone involved is safe and to manage potential legal repercussions:

Check for Injuries and Seek Medical Attention

First and foremost, check yourself and any passengers in your vehicle for injuries sustained in the accident. Even a minor fender bender in a parking lot can cause injury, so examine yourself for external injuries and assess yourself for internal aches and pains. If you think you may have sustained a severe injury, contact emergency medical services immediately. After the accident, visit your doctor or an urgent care center for a thorough physical evaluation.

Call the Police and Document the Details

Regardless of the severity of the accident, always contact the police. They will investigate the scene and file an accident report. Sometimes, if the evidence of fault is apparent, the police will name the responsible party. While you wait, take photos of the damage to the vehicles and the surrounding area and any visible injuries. Obtain the contact information of any witnesses before they leave the scene.

Remain at the Scene and Avoid Conversation

Leaving the scene of an accident before the authorities arrive may constitute a hit-and-run, so stay put. While you’re waiting, exchange insurance information with the other party, but avoid the temptation to apologize or explain the accident to the other party. Apologies may be construed as an admission of fault, so keep conversation to a minimum.

Defining No-Fault Insurance

Several U.S. states are “no-fault” states, requiring citizens to have minimum car insurance coverage, including personal injury protection. In these states, car insurance companies cover claims filed by their policyholders for personal injuries, regardless of who is at fault. No-fault states limit your options for pursuing claims for damages when you’ve been injured in an accident. Utah is a no-fault state, as are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota and Pennsylvania.

Utah Car Insurance Rules

In Utah, drivers must have at least $3,000 of no-fault coverage, or “personal injury protection,” Your PIP covers medical treatment and some out-of-pocket damages up to coverage limits, no matter which party is at fault. With no-fault claims, however, you can’t obtain compensation for non-economic damages, such as pain and suffering. The no-fault system applies only to injuries from car accidents, so you still make vehicle damage claims against the at-fault driver.

Utah Lawsuit Threshold

Your claim needs to meet specific criteria to obtain compensation for non-economic losses beyond your PIP coverage and initiate a lawsuit against the at-fault driver. Essentially, the accident must have caused the injured party, either driver or passenger, to incur a minimum of $3,000 in medical bills or caused injuries of specific types. These types of injuries include:

• Permanent impairment or disability
• Dismemberment
• Permanent disfigurement

Suppose your medical bills or injuries qualify under either threshold. In that case, you can pursue a third-party insurance claim or a personal injury lawsuit for all losses, including non-economic damages. An vehicle crash attorney can help you navigate these requirements and answer your questions to make the right decision about pursuing a lawsuit.

Determining Fault When a Reversing Car Causes an Accident

Pursuing third-party insurance claims or a personal injury lawsuit involves sorting out who is at fault for the accident. The reversing driver is often at fault for accidents caused by cars backing up, but not always. Many times, the driver of the car backing up is at fault because that vehicle was in motion while the other vehicle was stationary, but even this situation has exceptions. For instance, if the stationary vehicle was illegally parked, the fault is shared between both drivers. Similarly, simultaneous backup accidents, where two cars back into each other, further complicate the question of fault. Police officers and other investigators will examine some key evidence to determine fault in an accident:

• Driver with the right-of-way
• Location of the damage on the vehicles
• Witness statements

When a Reversing Driver Is Not at Fault

When weighing the benefits of filing a lawsuit against the driver of the car that injured you, consider whether you might bear some of the fault for the accident, even if the other party failed to yield the right-of-way. Exceptions to the typical assignment of fault to the reversing car include:

• Negligence: Cars in the lane of traffic that typically have the right-of-way may be at fault if they’re found to be negligent. Common types of negligence include distracted driving, driving under the influence and intoxication.
• Speeding: Drivers speeding through parking lots, even if they technically have the right-of-way, probably assume some fault for the accident. 
• Reckless Driving: Driving recklessly may mean failure to use proper signals, following too closely, weaving in traffic or disregarding traffic signs. This behavior constitutes a major moving violation, and reckless drivers usually bear a measure of the fault for the accident.

Deciding Whether To Settle or To Sue After an Accident

Should you settle with the insurance company or bring a lawsuit against the at-fault driver? Your answer depends on the difference between the insurance company’s offer and your lawyer’s opinion about the worth of your car accident case. You and your attorney should discuss these points before moving forward with a lawsuit:

• Do your medical bills or specific injuries meet the state lawsuit threshold?
• Does your attorney believe your case is worth more than the insurer’s settlement offer?
• Does your lawyer feel that the insurance company is unlikely to improve on its offer?

If the answer is “yes” to all three questions, then a lawsuit is a reasonable option. However, if the insurer’s offer is close to the bottom of the range you and your lawyer decided was the value of your case, you also need to weigh the additional expenses and time required for a suit. Once you’ve moved to that stage, you and the insurance company won’t negotiate a settlement for several months due to the defense attorney’s pre-trial investigations. In addition, you have lawyer’s fees and other costs to manage, which will ultimately reduce your overall settlement.

Navigating a Personal Injury Lawsuit

If you’ve been injured by a car backing up, you’re already dealing with pain and stress. Contact the experienced attorneys at Fielding Law to help you navigate the complicated world of settlements and lawsuits. We’re on your side, working hard to protect your rights when you’ve been injured in an accident. Call us at 877-880-4090 to get started.