When you think of the phrase \u201ccar accident,\u201d you might immediately picture a high-speed, head-on crash. However, low-speed collisions (such as those that happen when drivers back up their vehicles without properly looking at their surroundings) are actually much more common.<\/p>\n
Backing-up car accidents in Philadelphia can cause serious injuries, as well as significant property damage. If another road user\u2019s negligent conduct has caused you harm, you should be entitled to compensation, regardless of how the accident happened.<\/p>\n
If someone has carelessly reversed into your vehicle, knocked you down while you were on foot, or backed into some item of your property, you have the right to demand that this party pay you appropriate damages. However, securing these damages will be tricky (if not impossible) without the assistance of an attorney who specializes in the area. Even if you do manage to negotiate a settlement alone, you\u2019ll almost certainly have left money on the table by doing it without legal assistance.<\/p>\n
We can help you negotiate with your insurance company if it\u2019s refusing to pay you the compensation you\u2019re owed. We\u2019ll also take on the other party to your accident to seek damages if necessary.<\/p>\n
If you\u2019re considering working with us, you don\u2019t need to worry about wasting your money. We offer free initial consultations<\/a> to every potential client, which means we\u2019ll evaluate your case for free and tell you whether it\u2019s worth pursuing. It\u2019s a win-win for you.<\/p>\n The Cochran Firm is steeped in history, and the attorneys who are currently leading the way in our personal injury practice have a distinguished record when it comes to delivering for clients.<\/p>\n Lawyer Robert S. Miller<\/a> has a broad background in litigation, having represented victims of slip-and-fall incidents, construction site accidents, and medical malpractice, as well as those involved in road accidents.<\/p>\n At The Cochran Firm in Philadelphia, we deal with road accidents<\/a> of all kinds every single day. We know how to show who was at fault, and we know the strategies insurance company attorneys use to try to limit their liability. If you put us to work, you can be sure we\u2019ll do everything in our power to secure as big a settlement as possible to help you get your life back on track.<\/p>\n There is no hard-and-fast set of rules you can rely on when analyzing who\u2019s at fault in a back-up accident situation. Every case is different, and various factors can dictate who\u2019s responsible for a collision.<\/p>\n Generally speaking, a road user is much less likely to be found liable for a backing-up accident if they have the right of way at the time of the collision. In most cases, reversing drivers do not have the right of way on the road, as theirs is considered an unusual maneuver. Therefore, a reversing vehicle should ordinarily let other vehicles and pedestrians clear their path before completing the movement.<\/p>\n There are some exceptions to this general rule, however, such as where another road user deliberately yields right of way to a reversing vehicle.<\/p>\n It is unusual for the driver of a vehicle to be considered at fault for an accident if their vehicle is not moving at the time of the collision. So, if someone else backs into your stationary car, there\u2019s a good chance it was their fault, legally speaking. It\u2019s more difficult to establish liability on this basis when both parties to an accident are in motion at the time of their collision.<\/p>\n In 2015, a team of researchers from Lund University in Sweden published a study<\/a> on the supposedly safe speed of 30 kilometers per hour (19 mph). They found evidence suggesting that this speed was not \u201csufficiently low... to prevent severe injuries,\u201d particularly where accident victims are elderly. This illustrates the very real threat that vehicles pose, even while traveling at slower speeds.<\/p>\n Sadly, drivers often fail to take their responsibilities as seriously when they\u2019re parking or moving their car compared to when they\u2019re traveling on the open road.<\/p>\n Pennsylvania is one of just three states in the U.S. that use what\u2019s called a \u201cchoice no-fault\" system. This means you can select either a no-fault insurance policy or a traditional insurance policy (known as \"full tort\" coverage) when you purchase car insurance.<\/p>\n No-fault policies require you to file a claim with your own insurance company for compensation following an accident, regardless of who was to blame. If you have full tort insurance, though, you\u2019ll be able to pursue the other party to your accident for payment of damages. This will also be an option if the incident was serious and the compensation you require exceeds the limits of your no-fault policy.<\/p>\n Special damages are losses that can be calculated and verified with bills, receipts, and other records. Commonly-awarded special damages include:<\/p>\n General damages, also known as noneconomic damages, cover intangible losses that can't be easily quantified or measured in monetary terms. Unlike special damages, general damages are subjective; it\u2019s up to judges and juries to decide how much a given loss should amount to in monetary terms.<\/p>\n Examples of general damages include:<\/p>\n In Pennsylvania, punitive damages are only awarded in cases where the defendant's actions were outrageous, either due to the defendant's evil motive or their reckless indifference to the rights of others. While drivers who cause back-up accidents often behave negligently, conduct in cases like this rarely meets this very high standard, so punitive damages are generally not available in back-up accident cases.<\/p>\nWhy Choose a Back-Up Accident Lawyer From The Cochran Firm?<\/h2>\n
Who Is at Fault in a Car Accident When Backing Up?<\/h2>\n
Right of Way<\/h3>\n
Motion<\/h3>\n
The Dangers Posed by Backing-Up Car Accidents in Philadelphia<\/h2>\n
Your Rights as a Back-Up Accident Victim<\/h2>\n
Special Damages<\/h3>\n
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General Damages<\/h3>\n
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Punitive Damages<\/h3>\n
Frequently Asked Questions (FAQs)<\/h2>\n