A backing-up or back-over accident describes a collision where a driver hits something or someone while the vehicle is traveling in reverse. These accidents can occur due to poor visibility, driver distraction or unsafe reversing. If you get hurt in a backing-up accident in Texas, discuss your opportunities for recovering financial compensation with an experienced accident lawyer in San Antonio.
What Are Texas’s Laws for Backing Up a Vehicle?
Motorists have certain responsibilities when backing up or reversing a vehicle. Texas Transportation Code § 545.415states that an operator may not back the vehicle unless the movement can be made safely and without interference with other traffic. A driver must check behind the vehicle and reverse slowly and carefully to prevent hitting others.
Common mistakes drivers make in Texas that can result in backing-up accidents include:
- Reversing without looking or checking for hazards
- Relying entirely on backup cameras
- Backing up too quickly or suddenly
- Relying on mirrors without checking blind spots
- Reversing into oncoming traffic
- Driving a vehicle with broken taillights
- Failing to take into account visibility issues, such as bad weather
- Driving while distracted or intoxicated
- Failing to yield to another driver in a parking lot
State law also prohibits backing up a vehicle on a shoulder or roadway of a limited-access or controlled-access highway. Reversing a vehicle in a place where this is not allowed, such as on I-10 or I-35, can be extremely dangerous.
Holding Someone Liable for Your Backing-Up Accident in Texas
A motor vehicle driver who is attempting to back a car up has a duty of care not to cause an accident. The reversing driver is responsible for preventing collisions by completing the maneuver safely, prudently and in accordance with Texas’s traffic laws.
Typically, the driver reversing a vehicle must yield the right-of-way to other traffic. If the driver makes a dangerous or careless mistake and collides with someone while backing up, he or she can be held liable or financially responsible for the car accident under Texas’s fault law.
To hold another driver accountable for a back-over accident, you must provide enough evidence to meet the burden of proof. You must show that the other driver is more likely than not to be at fault. You can do this by hiring an injury attorney in San Antonio to help you gather evidence, such as a police report, eyewitness accounts and expert witness testimony.
How to Avoid a Backing-Up Accident in Texas
Backing-up accidents in Texas can be prevented. The driver who is traveling in reverse should check carefully to make sure the way is clear before backing out. This includes checking blind spots and not relying only on mirrors or cameras.
Other drivers should also exercise care and caution when near someone whose reverse lights are on. You should never quickly drive or run behind a reversing vehicle, for example. You can help prevent these accidents by reducing your speed, being extra cautious in parking lots and backing into parking spots whenever possible.
The Importance of Hiring a Car Accident Attorney
If you get hurt in a car accident in Texas where one vehicle was backing up, you can help your case by contacting an attorney early on. An initial investigation by a car accident attorney can help you understand who is at fault and what your legal options are moving forward.Â
If an attorney decides to take your case, he or she can take over conversations and settlement negotiations with a car insurance company on your behalf to fight for fair compensation. Meanwhile, you can focus on healing from your backing-up accident injuries.