Who Is at Fault in a Car Accident When Backing Up?

In most backing-up car accidents in North Carolina, the reversing driver bears responsibility for the collision. North Carolina law places a specific duty on backing drivers to enable them to move in reverse safely without interfering with other traffic. However, determining fault for a backing-up car accident isn’t always straightforward, as several factors can influence liability.

The Reversing Driver’s Duty of Care Under North Carolina Law

North Carolina General Statute § 20-154 clearly states that drivers should not perform reverse maneuvers unless they can do so safely and without disrupting other traffic. The law establishes a fundamental responsibility for anyone backing up a vehicle. When drivers fail to check their surroundings adequately before reversing, they breach the duty of care.

The law empowers judges to impose penalties on drivers who cause significant property damage or bodily injuries while backing up improperly. The penalties might include fines and license suspensions, particularly when the violations result in serious harm to motorcycle or bicycle riders.

Determining Fault in Common Backing-Up Scenarios

Several common scenarios involve backing-up collisions:

• Parking lot accidents – When a driver backs out of a parking space and hits another vehicle, the reversing driver usually bears fault. That applies whether the other vehicle was parked or moving through the lot.
• Driveway collisions – Drivers backing out of driveways must yield to oncoming traffic. The backing driver must confirm the road is clear before entering it, making them typically liable when collisions occur.
• Multiple reversing vehicles – When two cars back into each other simultaneously, determining fault becomes more complex, as both drivers have the same duty to check their surroundings.

How North Carolina’s Contributory Negligence Rule Impacts Liability

North Carolina follows the pure contributory negligence doctrine, which can significantly affect backing-up accident claims. Under this strict rule, if your negligence contributed to the accident in any way – even minimally – you may be barred from recovering compensation.

That means even if the backing driver was primarily at fault, you might be unable to recover any compensation if the court finds you were speeding, driving distracted, violating traffic laws, or otherwise negligent. Strong legal representation is crucial to shield injured parties from an unjust finding of fault.

Why Investigating Fault Matters and How Poisson, Poisson & Bower, PLLC, Can Help

The correct determination of fault directly affects your ability to recover compensation for medical bills, lost wages, pain, suffering, and other accident-related expenses following a backing-up collision. With North Carolina’s strict contributory negligence rule, even seemingly minor details can make or break your case.

At Poisson, Poisson & Bower, PLLC, our personal injury attorneys have over 40 years of experience handling backing-up accident cases. We are prepared to thoroughly investigate all aspects of your claim, consult with experts when needed, and build strong arguments to protect your right to compensation. Our dedicated legal team understands the nuances of North Carolina’s traffic laws and how they apply to your specific situation.

Contact Poisson, Poisson & Bower, PLLC, today for a free consultation with an experienced car accident attorney in North Carolina.