What to Do if You Were in an Accident Backing Out of a Driveway
How to Reverse Out of a Driveway
If you are a homeowner in California then the odds are you back out of your driveway at least a few days a week, and maybe every day of the week (depending on how you park your vehicle)
A lot of drivers nowadays are so distracted with cell phones, children, their spouse, etc., that they are very careless when it comes to exiting their driveway.
Many accidents happen closer to your home than you might imagine, and statistics show that driveway accidents happen more often than people think.
The Law Offices of Daniel Kim deals exclusively with motor vehicle accidents in California and we are available 24 hours a day, 7 days a week.
Why Contact The Law Offices of Daniel Kim?
At first, you might think an accident that occurred while you were backing out of a driveway is no big deal and you don’t need an injury lawyer.
Then a few days later you realize the driver you hit was actually injured and that they went to a hospital for medical treatment and now their insurance company is calling you.
This is a scenario you don’t want to happen, but it could very easily.
The other driver might be at fault, for example, if they were speeding, or under the influence of drugs or alcohol, but you won’t want to fight the legal system alone.
As we discuss below in this article, even an accident that happens while you were backing up in your driveway could really injure somebody.
Our law firm is available 7 days a week to answer any questions you have.
Daniel Kim has over 1,000 Positive reviews on Yelp and Google.
We will fight to protect your legal rights and we won’t be intimidated by the insurance companies.
I Was Hit by a Driver Backing Out of a Driveway
If you were just driving down the street and you were hit by somebody backing out of their driveway, you might want to contact us for help if you were injured.
Our law firm deals with injury accidents and we might be able to help.
Of course, what matters in this situation is who is placed at fault.
Was there a police report?
Did you take an ambulance to the hospital?
Did you suffer injuries and seek medical attention?
All of this information will determine what type of accident case you have and will help us get you maximum compensation.
Who Has the Right of Way When Backing Out of a Driveway?
In general, because both vehicles are moving, each driver could be somewhat responsible, but the driver already in the traffic lane has the right of way.
The person backing out of the driveway is responsible for waiting until it is safe to back out.
Normally the driver backing out of the driveway would be considered primarily at fault, but of course, there are exceptions like for example if the other driver is doing 60 MPH in a 25 MPH zone.
Or maybe the driver already traveling in the roadway is driving while texting or emailing, another case of distracted driving.
Is Backing Out of Your Driveway Illegal?
It is not illegal to reverse out of your driveway, but you must do it in a safe and prudent manner.
When entering a road from a driveway you must give the right of way to any vehicles already traveling on the road – this includes pedestrians and bicycle riders, skateboarders, etc.
These rules apply to all driveways, including a service station, private residence, or commercial property.
Proving Liability for a Driveway Accident
Although an accident that occurs while backing out a driveway seems like a minor situation, serious injuries can happen.
You might only be going 5 MPH while backing up, but another car driving down the road could easily be doing 35 miles per hour on a side street and slam right into you.
When a driver is backing out of their driveway, they are responsible for being safe:
- checking their mirrors
- looking over their shoulder
- be sure the road behind them is free of oncoming traffic, pedestrians, kids on scooters, etc.
There are instances where the person driving the oncoming vehicle might be held liable for the accident and found to be at fault.
If for example it’s proven that the driver was speeding or driving while distracted, then they could easily be placed at fault.
On the other hand, the person backing out of the driveway could be making an unsafe maneuver (whatever that might be) and end up partially responsible for the accident.
The bottom line is you don’t want to fight the insurance companies alone and get caught up in a legal battle that you can’t win by yourself.
Contact Daniel Kim today and let an experienced automobile accident lawyer take care of you.
No matter what, don’t admit fault at the scene of the accident, and it’s better to just say nothing.
Let our law firm collect evidence and work with our investigators to help build a case in your favor.
A personal injury lawsuit can take months or even over a year to settle, so if you need an experienced injury law firm contact us today.
How to Avoid Driveway Accidents
The best way to avoid any car accident is to drive safely and follow all the rules of the road.
Unfortunately being a good, cautious driver isn’t always enough to keep you out of harm’s way, even in your own driveway you can get into an accident.
We have listed a few suggestions below to help reduce the odds of having a driveway accident:
- Check all your mirrors
- Avoid texting, emailing, and other distracting behaviors
- Give your full attention to backing out
- Be very alert for small children and animals
- Look over your shoulder several times to check traffic in all directions
- Use your car bumper camera if you have one
- Roll down windows so you can clearly hear your surroundings
Common Injuries from Driveway Accidents
Of course, car accidents that occur with a car in a driveway tend to happen at pretty slow speeds, it doesn’t mean that people can’t get injured.
If the driver backing out of the driveway is hit by another car on the road that collision can be bad because that other car could be going upwards of 30 MPH on a normal residential street.
And if a person backing out of a driveway hits a child walking, or a mom pushing her baby in a stroller, or potentially runs over a kid playing ball, all of these situations could even be fatal.
Read more about paying your medical bills after a car crash.
These are some common injuries we see in driveway type accidents: