NYC is one of the busiest cities in the world, so it isn’t surprising that accidents happen when vehicles are backing out of parking spaces or driveways. While most people instinctively believe that the reversing driver is the one at fault, that is not always the case. In fact, assumptions don’t always reflect what really happened, and determining fault requires considering several factors. In this post, Gabriel Law will step into the shoes of your car accident lawyer in the Bronx and explain what you need to do when involved in a reversing accident in NYC.
What are backing-up accidents?
Backing-up accidents are the types of motor vehicle accidents that occur when one of the vehicles involved in the accident was backing up (i.e., reversing). While these accidents aren’t viewed as serious compared to others, these can lead to serious injuries and extensive property damage. These types of accidents are common in areas where visibility is low or obstructed, such as:
- Parking lots and garages
- Residential driveways
- Alleyways
- Urban streets with parallel parking
- School zones and commercial loading zones
Who is at fault in a reversing accident in NYC?
In reversing accidents, the general presumption is that the driver who was backing up into a moving car is the party that shares most, if not all, of the blame for the accident. However, the final determination of fault will be based on a number of factors and determined on a case-by-case basis.
What should you do immediately after the accident?
If you’re involved in a reversing accident, here are the steps you need to take to protect your rights and your chances of walking away with a favorable settlement.
- Contact 911 and report the accident—If it’s a serious accident, call 911 to report it and request assistance.
- Seek immediate medical attention—If you’re injured, seek immediate medical attention, even if your injury is minor.
- Document the scene and gather evidence—Take photographs and videos of the scene of the accident and gather any other evidence that may be relevant to your case.
- Obtain insurance and contact information—Get the contact and insurance information of the other driver involved in the accident.
- Do not apologize or admit fault—Even a simple “I’m sorry” can be blown out of proportion to reduce or deny you the compensation you deserve.
- Contact an accident lawyer in Queens—Get in touch with your lawyer to understand your rights and liabilities.
- Contact your insurance company—Talk to your insurance company and initiate the claims process.
How do insurance companies handle reversing accidents?
If you’re injured in an accident, your Personal Injury Protection (PIP) insurance will cover your medical bills and lost wages up to $50,000. However, if you want to claim additional compensation, the compensation may be limited, especially if you are the reversing driver or the fault is shared between the drivers involved.
Can you still get compensation if you’re partially at fault?
Yes, you can receive compensation, even if you’re partially at fault for the accident. In the event that the fault is shared, New York’s pure comparative negligence rule allows the parties to claim compensation. However, this compensation will be reduced by the fault percentage assigned to them.
For example, if a person is claiming $100,000 in compensation but is also 40% responsible for the accident, then their compensation will be reduced by 40%, with them only walking away with $60,000 in this case. Since it’s the pure comparative negligence rule, a person can receive compensation, even if they are 99% responsible for the accident.
It is important to note that the pure comparative negligence rule will not impact your no-fault benefits. It will only apply to compensation claimed beyond the no-fault system.
Conclusion
Backing-up accidents are some of the most common types of accidents in NYC. While the presumption is that the driver backing up is the one at fault, that will not always be the case. If you want to protect your rights and help determine who is responsible for the accident, then you need the help of a skilled car accident lawyer in Manhattan.
With decades of experience handling car accident cases, Gabriel Law is the personal injury law firm in NYC for you. Our team knows how to investigate and litigate even the most complex car accident cases. We will help you build a strong and compelling case to help you get the compensation you deserve. If you’re ready to get started, call today for a free and confidential consultation.
