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.