Traffic cases involving improper backing up can present unique legal challenges, and can cause latent, potentially chronic health problems due to whiplash.
If you were involved in a traffic collision where any car involved may have been illegally backing up and caused the accident, a Los Angeles improper backing up lawyer at Pintas & Mullins Law Firm would like to hear from you and is well-qualified to take your case. Without charging out of pocket, we work on a contingency basis, meaning we only collect when our clients collect. Contact us today for your free consultation at (800) 794-0444.
Law of Common Sense
According to California state law, California Vehicle Code §22106, it’s unlawful to start a stopped vehicle on the highway, or to backup a vehicle on the highway, until this action can be taken with reasonable safety.
This law has been broadly interpreted by experts to mean that while it is not illegal to back up or use the reverse gear to enter a roadway, it is also the duty of the driver entering the roadway to ensure no traffic is approaching in close proximity. If such a collision occurs, the driver of the vehicle entering the roadway is generally found to be at fault. In short, if the situation appears to be unsafe, and a driver makes a move in spite of that fact, the law is not on their side.
Challenges of Improper Backing Up Cases
If you are involved in an accident in which someone might be hurt, it is important to stop the car, check for injuries, and call 911 immediately.
If everyone is okay and receiving the proper attention, a lawyer may be the next best call you can make. There are a number of different time-sensitive action-items to address after an accident involving the reverse gear of an automobile.
In many contexts, it can be difficult to prove whether a car was rear-ended or whether it was backing up improperly. Legal fault and the financial burden of damage and injuries hinges on such a question.
Cases of one stranger’s word against another are often found to share fault. California is a shared-fault state, meaning that courts will assign a percentage of fault to each party involved in a collision. When this figure goes below 100%, it means multiple parties are partially at fault for the incident. In such a scenario, the damages would be divided according to fault percentages. If this figure is 50% between two parties, it essentially means that the courts could not determine any preponderance of fault, and each party is responsible for half the total damage. In this instance, if one party received more than half the damage or injury, the other party would still be financially liable.
Often the first person to report things to the police are able to establish themselves as the credible witness on the police report. This can be a strong advantage. It is true that anything you tell the police can be used against you in court, even in a traffic collision where no one is under arrest. But it can also build credibility in court to have a consistent statement provided early to authorities. If the law is on your side, then it is in your best interest to make sure the details are shown in the police report.
Special Dangers of Large Trucks Backing Up
Large trucks, semis, or big rigs are so big that the driver has difficulty seeing behind their trailer while backing up.
Large truck beds are elevated compared to sedans and light trucks. Big rig bumpers can be eye level for a lot of pedestrians, which can create especially grave risks of collision while backing up.
In parking lots, there are many pedestrians, and a number of dangerous scenarios may occur.
- A deaf person may not have heard a truck’s backup signal
- A truck’s backup signal may not have been working
- A driver may have been driving recklessly
- A driver may not have seen a person or child behind their truck before backing up
- Multiple vehicles may be backing up at once and not see each other
- Multiple drivers and/or pedestrians may be distracted at the same time
If a truck’s back-up signal was malfunctioning and it hit you while backing up, you may have a valid legal claim against the trucking company or their insurance provider, whether you were in a vehicle or not.
Any situation above or similar scenario may cause injury to people and property, and also create a murky legal situation. Determining who is liable and at fault can be a difficult job. This is the primary way Pintas & Mullins Law Firm helps people involved in improper backing up cases.
If you believe you may have been involved in a case of improper backing up, Pintas & Mullins Law Firm would like to hear from you. Contact us today.
For a free legal consultation with a improper backing up accidents lawyer serving Los Angeles, call (800) 794-0444
How a Los Angeles Improper Backing Up Lawyer Typically Helps Clients
Even at slow speeds, it is possible for property damage or bodily injury to occur.
A common injury from such incidents is whiplash, which can be latent in the body for days before surfacing as neck or and shoulder pain. This pain may eventually go away on its own, or it can be chronic. Individuals experiencing whiplash may incur medical costs in treating their injury. If someone else was at fault for their injury and is less than fully cooperative, a lawyer can be extremely helpful.
Los Angeles Improper Backing Up Accidents Lawyer Near Me (800) 794-0444
Time Sensitivity of Legal Matters
In California, there is a time limit of two years in which you can file your lawsuit, per CA Civil Procedure §335.1. This is called the statute of limitations, and it simply means that once 24 months have passed from the date of the accident, plaintiffs are usually barred from being able to pursue legal action.
Two years is a long time to wait after an accident to seek your due compensation. For example, in parking lots there are frequently security cameras. Security companies keep this footage for short amounts of time because otherwise, they would have unnecessarily large amounts of data which is expensive to maintain.
If you act quickly after a collision involving reverse driving, your Los Angeles improper backing up lawyer may be able to strengthen your case by collecting relevant security camera footage as evidence. Again, however, this would be time-sensitive and not an option after some months’ time.
Pintas & Mullins Law Firm represents people who were involved in L.A. area improper backing up accidents. If you have more questions, call Pintas & Mullins Law Firm today at (800) 794-0444 for a free case review.