When a car accident takes place while one or both vehicles are reversing, it can be difficult to determine fault and assign financial responsibility (liability) for the crash. Since Nevada uses a fault-based car insurance system, you must determine and prove fault as a victim of a back-up car accident. Proving your case may require help from a Las Vegas accident attorney.
Who Is Usually at Fault for a Car Accident While Reversing?
While there are exceptions to the rule, in general, the party found responsible for a car accident that occurs when one vehicle is reversing is the driver who was backing up at the time of the crash. This driver has a responsibility to only reverse if it can be done “with reasonable safety and without interfering with other traffic,” according to Nevada Revised Statute § 484B.113. State law requires a driver who is backing up to check the roadway behind the vehicle to ensure it is clear, reverse with care and caution, yield to any drivers or pedestrians who have the right-of-way, and complete the maneuver at a reasonable and safe speed. In addition, it is against the law to “back into an intersection, on or over a crosswalk, or around a street corner.”
What Is Negligence in a Nevada Car Accident Claim?
Most car accident cases in Nevada involve the legal doctrine of negligence. Negligence describes a failure to act with reasonable or appropriate care, resulting in harm to others. Under Nevada’s “at-fault” car insurance law, the negligence or fault of a driver must be proven to hold this party liable for your medical bills and property damage. Negligence has four elements of proof:
- Duty of care: a responsibility to drive in a way that is safe, legal and prudent based on the circumstances.
- Breach of duty: an act or failure to act that falls short of the duty of care, such as a driver reversing without looking.
- Causation: a provable connection between the defendant’s negligence or wrongdoing and the automobile accident.
- Damages: losses experienced by the crash victim because of the defendant’s negligence, such as physical injuries and financial costs.
To recover financial compensation from a reversing driver’s car insurance company, these elements must be proven in your case using evidence, or documentation showing the likely truth of what is being claimed.
How to Meet the Burden of Proof in a Reversing Accident Claim in Nevada
In a car accident claim in Nevada, you or your injury attorney must establish that someone else is more likely to be at fault than not for the collision. This burden of proof is known as a “preponderance of the evidence.” While it is less than proof “beyond a reasonable doubt,” it still requires compelling evidence to meet. Signs that the reversing driver was behaving carelessly or violating a traffic law can help you prove your car accident case. Evidence such as a police citation for speeding or texting while driving, for example, can establish that the other driver is responsible for the crash. Other helpful types of evidence include photographs of the crash scene, videos of the collision, eyewitness statements and testimony from accident experts.
When to Contact a Car Accident Attorney in Las Vegas
Car accident claims involving a vehicle that was reversing can be complicated and difficult to navigate. You may need help from a professional to prove who had the right-of-way and which driver is to blame. A car accident attorney can investigate your crash, determine which driver acted negligently and gather evidence to build your claim. If an insurance company attempts to place partial fault with you to reduce your payout, your lawyer can combat the comparative negligence defense on your behalf. If you were recently involved in a car accident while you or the other driver was reversing, contact the attorneys at Koch & Brim, LLP to discuss your legal options at no cost or obligation. We are here to help you make informed decisions about this complex type of claim.