If you were in a car accident when backing up, you may not be at fault. The at-fault party depends on who was the most negligent, and that might not be immediately obvious in the moments after your accident.
Our firm can investigate your case to prove that the other party was negligent and therefore responsible for your damages. Then, we can use this evidence to seek compensation for your healthcare expenses, lost income, and pain and suffering.
Fault in Car Accident Cases Depends on who was Negligent
Fault in car accident cases is determined by evidence. Your lawyer will seek evidence such as CCTV footage, photographs, witness statements, and paper trails that prove someone else was more responsible than you.
Examples of Negligent Driving Behaviors
There are many ways in which someone else’s negligence can cause your car accident when backing up. Some of the more common instances are as follows:
- The other driver was intoxicated. If the driver who struck you had been drinking alcohol, using illegal drugs, or was under the influence of prescription medications, they may be at fault for your accident. These substances can impair a driver’s senses, reflexes, and judgment.
- The other driver was distracted. Common distractions include cell phones, maps, other passengers, food, and anything else that takes a driver’s attention away from the road.
- The other driver was drowsy. Drowsy drivers have impaired senses and reflexes, much like drunk drivers. They may even fall asleep while driving. Motorists can become drowsy after driving for long periods.
- The other motorist was driving aggressively. Aggressive driving behaviors include things like speeding, frequently changing lanes, tailgating, and ignoring traffic signs and signals.
- The parking lot was poorly designed or maintained. If the accident was caused by inadequate road maintenance or signage, a government agency may be responsible for your accident.
- Someone’s car malfunctioned. If the accident was caused by either vehicle malfunctioning, then the car’s manufacturer may be held liable for their faulty product.
Your lawyer will be able to give you a better idea of who is at fault after they investigate your case.
For a free legal consultation, call 404-214-2001
More Than One Party Can Be at Fault in an Accident
Per OCGA §51-12-33, Georgia adheres to contributory negligence rules. This basically means:
- More than one party can be responsible for a car accident when backing up.
- The amount of damages you can recover through a claim or lawsuit may be adjusted based on the amount of fault you share for causing the accident.
- Even if you were partially at fault, you still have options and rights. You can recover damages as long as your lawyer can prove that the other party was more negligent than you were.
So, even if you think that you may have been at fault, you should consider partnering with our team. They may be able to help you win compensation for your injury-related losses.
You Have a Limited Time to File a Lawsuit
According to OCGA §9-3-33, the statute of limitations for bringing a personal injury lawsuit after a car accident is generally two years. There may be circumstances that impact this length of time, such as if you were a minor at the time of the accident. You could also be granted an extension if you were hurt in a hit-and-run accident.
If you don’t file your case within the two-year deadline, you limit your legal options. The insurer might even have no obligation to pay you at this point. By contacting our team, we can work on filing your case before the statutory deadline expires.
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Compensable Losses in Your Accident Case
Your lawyer can do more than prove fault in your case; they can also calculate the value of your injury-related expenses. You could recover the following:
- Healthcare expenses, including those in the future
- Pain and suffering
- Lost income
- Property damage expenses
- Physical therapy and rehabilitation costs
- Disability
You could seek other losses depending on the severity of your injuries. We will use billing statements, receipts, invoices, and your employment records to determine the value of your losses.
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Our Team is Ready to Fight for You
If you are dealing with financial pressures after being in a car accident when backing up, you may not be at fault. Your lawyer can give you a better idea of your options after reviewing the details of your case.
Our Previous Successes Speak for Themselves
We are not strangers to car accident cases. Here are just some of our most successful outcomes:
- We won $11 million for a car accident claimant.
- We secured a $5.7 million outcome for someone injured due to defective road conditions.
- We recovered $4.3 million for someone injured due to a drunk driver.
Contact Kaine Law to Learn More
Connect with our team today. Your call and consultation are free, so do not hesitate. The sooner you reach out to us, the sooner we can get to work for you and your loved ones.
Call or text 404-214-2001 or complete a Free Case Evaluation form
