Determining liability in an accident is a critical part of every lawsuit, and it is essential to recovery in Maryland. Maryland follows strict contributory negligence laws, and as such, establishing fault is a priority in every case. While backing-up accidents may seem straightforward, various factors at play can often affect a claim.
In most Maryland backing-up accident cases, the first inquiry is whether the driver backing out had the right of way. Generally, the car that did not maintain the right of way will be liable for the accident. However, there are exceptions to the right of way rule, and when more than one car is backing up, the driver with the legal right of way may not be paying attention to their surroundings. In these cases, the driver with the right of way may be responsible for some portion of the accident. Another factor in these accidents is whether the car was stopped or moving leading up to the collision. If the vehicle was moving but stops with sufficient room, they may not be liable for the accident.
The most frequent types of backing-out accidents involve a driver backing out of a parking lot. When a car backs out of a parking space into a parked car, generally, liability lies on the person backing up. However, there are exceptions if the static car is illegally parked and in a position where the moving car cannot see the vehicle.
When a car backs out of a spot into a moving car, the car backing out usually maintains liability. The law typically imposes liability on the vehicle moving in reverse. However, the other driver may be at fault if they were speeding or engaging in other unsafe conduct. The most challenging situation often arises when two cars are backing up at the same time. Both drivers maintain a duty to ensure the roadway is clear before reversing. In these cases, both parties may be responsible for the accident.
Cases involving backing out of a driveway are particularly tragic because these cases may involve young children and family members. For instance, Maryland news reports recently provided an update on the death of a nine-year-old girl who was struck on her driveway. When emergency responders arrived, they found the young girl on the driveway after being struck by a car driven by a family member.
Have You Suffered Injuries in a Maryland Car Accident
If you or someone you love has suffered serious injuries or died in a Maryland car accident, contact the injury lawyers at Lebowitz & Mzhen. The attorneys on our team have extensive experience handling complex injury cases. Our firm handles Maryland claims involving automobile accidents, premises liability, product liability, medical malpractice, nursing home negligence, and wrongful death. We provide clients with zealous representation to ensure that they recover the compensation they deserve. Maryland personal injury cases require the experience of a skilled attorney, and we can help you with every step of the process. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney on our team.