People might back out of their driveway several times a day, but is it legal? Yes, it’s perfectly legal. The reverse movement of a car is controlled by CVC 22106. In pertinent part, it states as follows: “No person shall . . . . back a vehicle on a highway until such movement can be made with reasonable safety.” A highway also includes a street in a residential neighborhood.
Due Care and Caution
A person who is backing out of a driveway must use due care and caution and yield the right of way to any pedestrians or bicyclists who might be approaching from either direction. That also means that the driver who is backing out of a driveway must also yield to any vehicles on the roadway that might be approaching.
Avoiding Driveway Backing Tips
Aside from making a U-turn, backing a car up might be the most dangerous maneuver that a driver can perform. Here’s how you might reduce the chances of being in an accident when you’re backing out of a driveway:
- Make sure that your mirrors are properly adjusted and then, check them.
- Give reversing your car your full attention. Don’t be distracted with your phone or children.
- Stay on the lookout for children who are behind you or approaching.
- Check for foot, bicycle or vehicle traffic coming from both directions.
- Roll down your windows for better visibility.
- Never assume that nobody is behind you.
Legal Issues Caused by an Accident When Backing from Your Driveway
Significant property damage and personal injuries can result from an accident when backing out of your driveway. You might get a ticket too, and a plea or finding of guilty will mean a fine of a minimum of $237 and at least one point against your license. On top of all of that, you might become the target of a personal injury lawsuit. You also expect your auto insurance premiums to increase dramatically for several years too.
Establishing Liability
The general rule is that if a driver is going to enter a lane of traffic, other vehicles that are already on the roadway have the right-of-way before the driver who is entering can proceed. When a driver backs into a roadway and collides with another vehicle that has the right-of-way on that road, he or she breached their duty to yield, so liability can be attributable to him or her. This is often referred to as the flow of traffic rule. If the driver who was already in the flow of traffic was traveling at an excessive speed, perhaps a percentage of liability for the crash might be attributable to him or her.
No, it’s not against the law for a person to back out of their driveway in California, but due care and caution must be used when doing so. Remember that backing a car up is one of the most dangerous maneuvers that a driver can perform. Do so carefully and defensively.
