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April 22, 2025

Reverse Collision Liability: Determining Fault in Backing-Up Accidents

Reverse collisions in New York often raise questions about fault and who is held accountable for the damages. Determining liability depends on the specific circumstances, such as where the accident occurred, whether proper precautions were taken, and if traffic laws were followed. With New York’s comparative negligence rule, even partial fault can affect the outcome of your case. That’s why having a clear understanding of your legal standing is essential when navigating personal injury claims.

At Denlea & Carton LLP, we specialize in providing personalized legal services to our clients because no two car accident cases are the same. We approach each case with care and commitment, working to uncover the facts and build a strategy tailored to your needs. If you’ve been involved in a reverse collision, now is the time to get the clarity and support you deserve. Contact Denlea & Carton today for a free consultation. We are dedicated to protecting your rights and helping you achieve the best possible outcome with personalized legal services dedicated to your case.

Determining Fault in Backing-Up Car Accidents

Determining fault in a backing-up car accident in New York involves a careful examination of the circumstances. While there’s often a presumption that the reversing driver is at fault, this isn’t always the case. Factors such as the location of the accident, whether all drivers involved took reasonable precautions, and adherence to traffic laws are critical in assessing liability. New York’s comparative negligence rule further complicates matters, as fault can be divided among multiple parties, impacting the ability to recover damages.

Common Scenarios of Backing-Up Accidents 

Reverse accidents are more common than many realize, and their unique circumstances often make determining fault and liability challenging under New York’s comparative negligence laws. Unlike a straightforward collision, reverse accidents can involve multiple contributing factors. Whether you’re reversing or stationary, the actions of all parties involved matter, and comparative negligence means fault is often shared to some degree. 

Common accidents include:

  • Someone reversed into your stationary vehicle
  • You reversed into a stationary car
  • Both vehicles were reversing
  • A vehicle suddenly entered your path while you were reversing
  • Obstructed views
  • Improper signage or unclear markings

Each case depends heavily on its specific facts, and understanding how New York law distributes fault is crucial for protecting your rights and ensuring a fair resolution. By working with Denlea & Carton LLP today, you can be sure that they will navigate you through these complex scenarios based on your needs and the specifics of your accident. 

Liability When Backing Up Into a Pedestrian

Backing into a pedestrian or bicyclist is an unfortunate yet common scenario in New York, where bustling streets and crowded urban areas increase the risk of such incidents. Liability in these cases can be particularly complex, as pedestrians and cyclists are considered vulnerable road users and often receive the benefit of the doubt. However, the details of each accident matter greatly. Factors like the pedestrian’s or cyclist’s actions, visibility issues, or road conditions can affect the determination of fault. An experienced car accident attorney will carefully investigate every detail of the accident, including witness accounts, traffic camera footage, and local road hazards, to ensure that your rights are protected and liability is fairly assessed. 

Common causes of pedestrian-related backup accidents include:

  • Poor visibility: Crowded areas with parked cars, blind spots, or obstructions that make it difficult to see pedestrians or cyclists.
  • Distractions: Drivers or pedestrians being distracted by phones, music, or other activities.
  • Failure to yield: Pedestrians or cyclists assuming they have the right-of-way without verifying.
  • Improper crossing: Pedestrians or cyclists crossing outside of marked crosswalks or darting into the street unexpectedly.
  • Parking lot design: Unclear markings, narrow lanes, or insufficient signage that cause confusion in crowded parking areas.

Managing cases like these requires a deep understanding of the legal landscape and the skill to challenge assumptions that might unfairly place blame. 

Injured in a Reverse Collision? Contact Denlea & Carton LLP Today.

If you or a loved one has suffered injuries from a reverse collision, contact Denlea & Carton today to ensure that you receive the best personalized legal services for your case. Our team understands the intricacies of cases involving reverse collisions and takes pride in delivering dedicated, client-focused representation. We meticulously investigate every detail of your accident to build a strong case on your behalf. Whether it’s negotiating with insurance companies or taking your case to court, our skilled attorneys will do what it takes to maximize your financial recovery. Your case deserves to be in the hands of a team that prioritizes your well-being every step of the way. Contact us today to discuss your case.

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James R. Denlea

Jeffrey I. Carton

Catherine Friesen

Craig Cepler

Steven Schoenfeld

Amber Wallace

Christopher Dennis

Phil Smith

Martin McCann

Lindsey Leibowitz

Robert J. Berg

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