It’s 7:34 a.m. You just rolled out of bed after sleeping through your alarm. You frantically put on your suit and tie and run out the door to make it to the office by 8 a.m. As you rush out of your driveway, you forget to check your surroundings. Yup, you guessed it — you accidentally hit the car speeding through the residential street behind you. Uh oh… Now you’re definitely not making it to the office on time.
What Is a Backup Collision?
The scenario above is a typical example of a backup collision, a type of car accident resulting from reversing or backing up into a pedestrian, object, or another vehicle. These collisions predominantly occur in parking lots, driveways, or residential neighborhoods, especially those with narrow streets.
Due to the densely populated nature of Los Angeles and the often limited and tight parking spaces available, backing collisions are unfortunately common. They can be especially inconvenient and frustrating, considering they are often avoidable.
At the Law Office of John J. Perlstein, our experienced Los Angeles personal injury lawyers, and wrongful death attorneys understand the complexities surrounding backup collisions in California. We recognize that these incidents can be stressful, but our team is here to walk you through the legal process step by step.
What Should You Do If You Are Involved in a Backup Collision?
If you find yourself involved in a backup collision, the first priority is to ensure everyone is safe and unharmed. Once safety is confirmed, exchange the necessary information with the other party involved. Similar to any other car accident, it is crucial to exchange the following information:
- Name, address, and birthday
- Driver’s license number and issuing state
- Vehicle license plate number and state
- Insurance company name
- Insurance policy number and expiration date
- Policyholder’s name and address
- Vehicle owner’s name and address
- Any injuries sustained or property damage
- Date, time, and location of the accident
We also recommend taking photos or videos of the accident scene to document the vehicle damage, license plate, and street signs. This information can serve as valuable evidence for a personal injury lawyer as they navigate the insurance claims or legal proceedings with you down the line.
Determining Fault in Backup Collisions
Typically, the driver backing out bears primary liability for the accident, as outlined in California Vehicle Code (CVC) 22106. This code prohibits starting a vehicle or reversing on a street or freeway before it is reasonably safe to do so.
However, it is also possible that fault can be shared or attributed differently depending on the specific circumstances. California operates under a pure comparative negligence law, allowing plaintiffs to seek damages even if their negligence exceeds that of the defendant. Therefore, both parties may receive compensation based on how much they were at fault for the backup collision.
With one-on-one assistance from a personal injury or wrongful death attorney (Los Angeles), we can determine who is at fault for your specific circumstance. Our job is to help you navigate the intricate legal process and make it feel more manageable.
Preventing Backup Collisions
Backup collisions are indeed a nuisance, but there are steps you can take to minimize the risk and ensure safety:
- Take your time when backing out of a driveway or parking spot. Slow and cautious movements are key.
- Lower the volume of music to increase awareness of your surroundings while reversing.
- Use your side and rearview mirrors and look over your shoulder to check blind spots before reversing. Avoid relying on your car’s backup camera!
- Avoid distractions like texting and talking on the phone while driving.
It is important to remember that even with precautionary measures, others around you may engage in risky behaviors such as speeding or distracted driving. Stay alert and be vigilant of your surroundings so you are prepared to react quickly and safely when necessary.
Contact a Los Angeles Injury Attorney Today
When it comes to backup collisions in California — or any other wrongful death or personal injury case for that matter — our knowledgeable and experienced personal injury attorneys in Los Angeles, CA are here to help.
Remember that in California, the statute of limitations requires you to file a personal injury claim within two years of the date of the injury (typically). This means that if you were injured, it is important to reach out to our Los Angeles personal injury law firm ASAP to help you get the most out of your claim.
With over 25 years of experience, John J. Perlstein is one of the best personal injury attorneys in Los Angeles, securing fair and just outcomes in personal injury and wrongful death cases. He will ensure accurate compensation for the victim and their family.
To set up a free consultation with a top personal injury law firm regarding your auto accident insurance claim, fill out our form online or give us a call at (213) 583-5786.