Driveways are one of the most common places for a backing accident to occur. As per the National Highway Transportation Safety Administration about 5,000 victims are killed in backing accidents every year while another 30,000 are injured. The most common reason for such accidents is because the driver who was backing up simply wasn’t aware of the fact that somebody was approaching them or behind them.
The Controlling California Statute
CVC 22106 controls driver behavior when backing a vehicle. It states as follows: “No person shall start a vehicle stopped, standing, or parked on a highway, nor shall any person back a vehicle on a highway until such movement can be made with reasonable safety.” This includes backing a car out of a driveway without using due care and caution.
The “Flow of Traffic Rule”
California also has what’s known as the “flow of traffic rule.” That general rule is that the person who is backing up has a responsibility to be sure that it’s safe to do so. That’s because a driver who is already in the flow of traffic has the right-of-way. Pursuant to CVC 21804, the driver of a vehicle who is about to enter a highway must yield the right-of-way to all traffic approaching on the road that is close enough to constitute an immediate hazard. He or she must continue to yield until such time as he or she can proceed with reasonable safety.
The Most Vulnerable Victims
Children and the elderly are the most vulnerable victims in accidents involving a motorist who was backing out of a driveway. Many children just don’t appreciate the dangers involved when a car is backing. The elderly are far more likely to appreciate the dangers, but reaction time and mobility issues might interfere with getting out of the way of a backing vehicle safely.
Is Backing Out of My Driveway Against the Law?
Absolutely not. Backing out of any driveway is perfectly legal, but you must exercise due care and caution before and during the maneuver. Yield the right-of-way to any vehicles on the roadway. You must also yield the right-of-way to bicyclists, pedestrians, scooter riders or skateboarders. Those people are vulnerable to severe injuries or even death if you back into them.
If you were the injured victim in an accident involving a motorist who was backing out of a driveway, you must take proper steps right away to protect your physical health and your legal rights and interests. Call 911 and ask for police and paramedics on the scene. Police can make a report, and paramedics can attend to you at the scene. If they need to, they can take you to a nearby emergency room. Don’t give any kind of a statement to the insurer of the person who was backing out.
California law doesn’t require you to do that, and they can use anything you say against you. If you’re told that your claim will be closed without a statement, let that insurer close it. Don’t allow them to intimidate you. After you’ve retained us to represent you, we can have it opened again in minutes. Contact us at Maison Law right away for a free and confidential consultation and case review. Do it as soon as you can after your accident. It’s likely that your injuries were the fault of that driver who was backing out of the driveway. You’re probably eligible to pursue compensation for them. When we represent you, our goal is to help you obtain the maximum compensation that you deserve.
Contact a California Driveway Accident Lawyer
Martin Gasparian, the founder of Maison Law of Los Angeles, has spent a career giving a voice to victims when their accidents bring them in contact with giant insurance companies. Insurance tactics steal compensation from accident victims each day. Make sure a California attorney safeguards your interests.
Contact Maison Law for a free and confidential case evaluation. Mr. Gasparian will listen to you and help you. Furthermore, he can determine the best path to earning the maximum in financial support.
