Backing up is meant to be a low-risk driving maneuver, but it causes a high number of car accidents every year. These collisions often occur in parking lots, driveways, and residential streets where visibility is limited. In some cases, despite the low speeds generally involved, a backing-up accident can cause serious injuries and significant property damage.
Drivers in Chicago, Illinois, have a legal duty to make sure the way is clear before reversing. When they fail to do so, they can be held responsible for the harm they cause. Make sure to speak with an experienced car accident lawyer in Chicago for legal guidance.
How Backing-Up Accidents Happen
Most backing-up accidents occur because a driver doesn’t take enough time to look behind them and check their surroundings. Common causes include:
- Failing to check mirrors and blind spots
- Reversing too quickly with poor visibility
- Relying too heavily on backup cameras
- Not yielding to pedestrians and other vehicles
- Distracted driving, such as adjusting the radio
- Backing out of a driveway or parking space without looking
These collisions are especially common in crowded areas like grocery store parking lots and downtown garages, where vehicles move in multiple directions.
Who Can Be Liable for a Backing-Up Crash?
In most cases, the driver who was reversing is at fault for the accident. Illinois law requires all drivers to operate their vehicles safely and with reasonable care, and this includes while backing up.
However, there are situations where liability may be shared. For example:
- A pedestrian may suddenly step behind a moving vehicle without looking
- Another driver may speed through a parking lot and ignore traffic markings
- A business or property owner may fail to maintain proper lighting and signage
Since multiple parties can share fault, determining liability requires a careful review of the facts and circumstances. It’s possible that you could have a claim against multiple parties if you were injured in this type of collision.
What if I’m Being Blamed for a Backing-Up Accident?
Per Illinois’s modified comparative negligence statute, you can still recover compensation as long as you were less than 51% responsible for the crash. Your recovery will simply be reduced by your percentage of fault.
If you’re being blamed unfairly, evidence such as surveillance footage and witness statements can help prove your version of events. An experienced personal injury lawyer can counter the insurance company’s arguments and make sure fault is assigned accurately on your behalf.
What Damages Can I Recover After a Backing-Up Accident in Chicago, Illinois?
Under Illinois law, victims can seek both economic and non-economic damages in these cases for things like:
- Medical bills and future treatment
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Loss of quality of life
- Punitive damages (in rare cases only)
Your car accident attorney can work with investigators and the insurance companies to document your damages and negotiate a fair settlement. If an agreement cannot be reached, they can take your case to court from there as well.
Schedule a Free Consultation With a Chicago Car Accident Lawyer at Meyers & Flowers
If you were involved in a backing-up accident in Chicago, IL, a Chicago personal injury lawyer from Meyers & Flowers can help you hold the at-fault driver fully liable for your injuries and losses. Our law firm has over 100 years of combined experience and has recovered more than $6 billion for our clients to date.
Call (630) 232-6333 today for a free consultation. We work on contingency, which means we only get paid if we recover compensation for you.