Backing-Up Car Accidents
Motor Vehicle Wreck Attorneys Serving Memphis and the Surrounding Area
When a driver gets behind the wheel of a car, he or she has a duty to operate the vehicle in a safe and responsible manner. This is true for all drivers and under all circumstances. Unfortunately, some drivers have a tendency to use less caution when backing up. These drivers may do so because reversing generally happens at low speeds or in situations where the drivers feel relatively safe, like a parking lot. However, it is a mistake for anyone to assume that backing car accidents are any less dangerous than other types of car wrecks. If you have been injured by someone backing up or driving in reverse in the Memphis area, contact the Memphis car accident lawyers at Nahon, Saharovich & Trotz to discuss your legal rights. We are the largest personal injury law firm based in Tennessee, and we have recovered over $1.5 billion for our injured clients.
The Dangers of Backing Car Accidents
Backing car accidents are more dangerous than many people realize. Often drivers who are backing up are doing so in places where pedestrian traffic is common, such as parking lots. Compared to vehicles, pedestrians are much more likely to be seriously injured in a car accident, even one that occurs at low speed.
Another reason that backing car accidents are dangerous is that drivers traveling in reverse have a very limited field of view. They are relying on what little they can see through three tiny mirrors, and/or from turning their heads, to operate a vehicle weighing thousands of pounds. If the driver begins to back up too quickly, it is very likely that they will miss seeing other vehicles or pedestrians that are traveling nearby. This is especially true for children. Due to their small size, children can be difficult or even impossible to see for drivers who are backing up. If a child is traveling in a parking lot or crossing a driveway at the same time a car is backing up, the result can be catastrophic.
Pursuing Your Car Wreck Claim
In backing car accidents, like other car accidents, the victim must generally prove that the driver who hit them negligently caused their injuries. To do so, the victim will have to provide evidence sufficient establish the legal elements of a Tennessee negligence claim: duty owed to the victim, breach of duty, causation (direct and proximate), and damages.
Once the elements of negligence have been met, the victim may be able to collect damages against the at-fault party. These damages can include medical bills, lost wages, pain and suffering, and more. However, the at-fault driver or their insurance company will often try to place some of the blame for the accident on the victim in order to reduce the amount that the victim can recover. Under Tennessee law, a victim’s recovery will be reduced by the percentage of fault attributed to them up to 50%, at which point the victim will be completely barred from recovery. This is known as modified comparative negligence. By consulting with an experienced car accident attorney, victims can better protect their claims and increase their chances of successfully recovering.
Seek Advice from Our Experienced Memphis Attorneys Today
If you have been injured by a driver who was backing up, our car accident attorneys may be able to help you seek compensation for your losses. Nahon, Saharovich & Trotz represents clients across Tennessee, Mississippi, Missouri, Kentucky, and Arkansas, including in cities like Memphis, Knoxville, Nashville, Chattanooga, Jackson, Tupelo, Oxford, Meridian, Columbus, Caruthersville, Grenada, Starkville, Hayti, Little Rock, and Jonesboro. Call us toll-free today at 800-LAW-4004 or fill out our online form to set up a free consultation.