Backing up accidents are very common. Cars are backing out, pulling in, and passing through. Drivers can easily be distracted and with so much traffic in every direction, it might be difficult to notice every car’s move.
If you have been hit by a car that is backing up, you might be left wondering who is at fault. That is dependent on the situation and where the accident took place.
There are two major factors to consider when a parking lot accident happens.
First, consider if both cars were moving. If only one car was moving, then generally that driver is at fault. If your car is parked legally and someone hits it, then the other driver is at fault.
Second, consider which driver has the right of way. Right of way is determined by pattern or traffic lane. In this case, it would most likely be the cars passing through the parking lot and those backing up don’t have right of way.
If a car is coming through the parking lot at a high rate of speed and fails to yield for a driver that is almost out of the parking space, then he or she might be at fault for the crash.
So, if you are passing through and someone backs into the side of your vehicle, they are at fault.
Gathering Evidence For Your Claim
You should take photos of the accident scene and the damages. The location of the vehicles, the severity of the damages, and the point of impact will help show who was at fault.
Also, get statements from any witnesses. Be sure to get them to include names and contact details in the event you need to talk to them later regarding the accident. If the other driver’s insurance denies your claim, you might need to call in the witnesses in support of your claim.
Witnesses are very beneficial as they have nothing to gain from your claim, so they are much more likely to tell the entire story.
Damages That Might Result
You should get a written estimate for repairing your vehicle. Also, keep copies of medical bills and medical records along with documentation for any lost wages and missed work.
A minor fender bender can lead to back or neck injuries, such as whiplash. These injuries can keep you out of work and in pain for some time, so make sure you keep records of everything to support your claim.
Consult With A Personal Injury Attorney
If you have been hit by a car backing up in a parking lot, you should consult with a personal injury attorney. These claims are challenging and involve negotiations with the insurance company.
Time is of the essence, so complete the Free Case Evaluation Form to share your details with an attorney who is licensed in your state. Now is the time to get your claim on the right track, so you can recoup your losses.