Whose fault is it if I am backing out of a space in a parking lot and hit someone driving by?
Motor Vehicle Act
The Motor Vehicle Act places the responsibility squarely on the driver who is backing up. It says that a driver must not in any event or at any place cause a vehicle to move backwards unless the movement can be made in safety.
ICBC Crash Liability Examples
A check of ICBC's web site finds a page where liability for a crash caused by a driver backing up is discussed. The page says that the courts generally rule that a reversing vehicle is 100 per cent at fault for any resulting accident. ICBC will assess your fault based on court decisions, so expect to be at fault both from the point of view of a traffic ticket and insurance liability.
Tips for Backing Up Safely
Here are a number of suggestions to help you avoid problems:
- Back into the parking space. The vehicles around it are not moving.
- Choose a parking space that you can drive through and face outward on the other side.
- Have a passenger guide you and stop traffic.
- Circle check your vehicle before entering and scan constantly while backing.
- Back up slowly.
- Never back up further than absolutely necessary.
- Turn toward the driver's side if possible for better visibility.
- Install a backup alarm to warn others.
Audible Backup Warning
Many vehicles have a backup warning system as optional equipment. The system warns a driver of objects it senses behind the vehicle when they are near enough to be a hazard.
You may choose to install an aftermarket kit if it was not available as a factory accessory for your vehicle.
Learn More
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I found this latest article interesting because I had back up incident yesterday. I did everything that you mentioned, checking and and backing up slowly. But I suddenly had a pedestrian behind me walking with his head down as he was looking at his phone.
So, backing up is not just about other vehicles as pedestrians can be a real hazard especially when they aren't paying attention.
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Whose fault is it if I am backing out of a space in a parking lot and someone driving past behind me hits my car?
I have seen it happen numerous times where drivers speed through the parking lot trying to veer behind cars that are reversing out of their parking space. I thought it was one of the rules of the road that when a driver sees a car backing up ahead, that they should wait to allow that car adequate clearance - not to speed by behind them.
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There comes a point when you have backed far enough out of the spot that passing traffic is well aware of what is happening and should wait. Unfortunately, as you say, there are many "Me First!" drivers out there that you have to deal with.
The trouble is, there is no defined distance and in a dispute about liability it would start with the claim adjuster and end in the courts with a justice deciding.
Some drivers don't think that right of way is given, not taken.
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But it's also worth mentioning that when reversing into a space, you're more maneuverable as you're steering with the trailing wheels, just like a fork lift truck. So you can stuff a vehicle into the space available much more easily.
Plus which, when driving forward out of your space later, you have full use of your peripheral vision, and it's kept you alive for a long time so far in all sorts of circumstances. Whereas, many drivers who back out of spaces only look into a mirror. This makes no use of their inbuilt peripheral vision, so isn't that a dumb way to do things?
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Pedestrians Not Paying Attention