Determining fault after an accident is critical when attempting to recover compensation from the liable party. Unfortunately, it can also often be quite challenging. In an accident where one vehicle is backing up, a variety of other details must be considered to figure out who is to blame.
At Vaughan & Vaughan, we have helped countless accident victims get the money they need after an accident involving a vehicle backing up. Contact us today by phone or through our website to schedule a free consultation with one of our experienced Indiana car accident lawyers.
Assumed Fault in a Rear-End Collision
When a car backs up into another car facing the same direction that is not moving, the driver backing up is going to be at fault. However, proving this can be tricky. In rear-end accidents, the fault is typically assumed to be with the trailing vehicle.
Because of this, you will need strong evidence on your side to prove the liability of the driver that backed into you. Video footage can be critical when attempting to show that the other driver crashed into you. Lacking video evidence, your next best bet will be eyewitness testimony attesting to the fact that the other driver was to blame for the collision.
Fault in Other Accidents Involving a Driver Backing Up
In other accidents, the fault may be assumed to lie with the driver who was backing up, or there may be no assumed fault. For example, if a driver backs into the side of a vehicle, they are likely going to be assumed to be at fault for the collision.
Meanwhile, in a crash where a driver backs up and gets t-boned by another vehicle, many factors must be considered to get an idea of who is likely to blame.
An Experienced Car Accident Lawyer Can Help Prove Liability in an Accident
Following a car accident proving fault can be incredibly challenging. Fortunately, an experienced car accident attorney can help. When attempting to prove the liability of another party in an accident where one of the vehicles was backing up, your lawyer will know exactly what to look for while investigating your case to help prove fault.
The earlier your attorney is able to get started on your case, the easier it will be for them to collect evidence and help build a strong case on your behalf. Proving fault is essential for recovering the compensation you need and deserve after an accident involving a vehicle backing up.
Be Aware of the Deadline When Filing a Lawsuit
After you have determined who was to blame for your crash, you should not delay filing your lawsuit against the liable party. In Indiana, the personal injury statute of limitations allows accident victims to file a lawsuit up to two years after the date of the crash. If you miss this deadline, you will likely lose your right to pursue compensation.
You should also be aware that special circumstances may apply to your case that further limit the amount of time you have to submit your lawsuit. Of course, the deadline can also be extended in some cases, so it is critical to contact an attorney even if you think your time for pursuing damages has already passed.
Hiring an experienced lawyer soon after your accident can help ensure you are ready to meet any deadline. Your attorney can determine the cutoff date that applies to you and file your claim well in advance.
Damages You Can Collect After a Collision
If you suffered a serious injury in a crash involving a driver backing up, there are several types of damages you will likely be eligible to recover. The specific damages that apply to your case will depend on the details of your accident and the extent of your injuries. An experienced personal injury lawyer can help you identify the damages you are eligible to claim.
All the damages you can recover following an accident are divided into three primary categories.
Economic damages are all of the financial losses resulting from your car accident. These damages tend to be straightforward, and the money awarded for these losses is meant to correspond directly to the money you lost as a result of the wreck. Among the economic damages most often recovered in car accident cases involving a vehicle backing up are:
- Lost income
- Lowered earning ability
- Property damage
- Money spent to complete daily tasks you can no longer perform yourself
- Medical bills
- Future medical expenses
Non-economic damages cover every other loss you experienced as a result of your car accident. These losses are wide-ranging, and attaching a dollar figure can be incredibly challenging. Among the non-economic damages most often recovered in car accident cases involving a vehicle backing up are:
- Emotional distress
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of companionship
- Loss of consortium
- Diminished quality of life
Punitive damages are vastly different from compensatory damages. Rather than using these damages to replace the losses endured by the accident victim, punitive damages punish the liable party for the role they played in the crash.
Punitive damages will only be awarded if a judge determines that the at-fault party was grossly negligent or acted with the intention of causing harm.
Contact an Experienced Lawyer to Help You Prove Fault Today
Hiring an attorney with a record of success is critical. You need a lawyer by your side who can help prove the fault of the other party in your accident and build a strong case against them. At Vaughan and Vaughan, our case results speak for themselves.
Contact us today by phone or through our website and schedule your free case review with a member of our legal team.