Who Is at Fault in a Backing Up Accident - MO Law

Thousands of car accidents happen each day in Missouri, and some of the most common types are backing up accidents. These are car crashes that occur when a driver is reversing and hits another vehicle, object, or person. These are different than a rear end accident where a rear driver hits a front driver. In a backing up accident, the collision usually occurs at low speed, and they take place in areas where people are reversing. These include driveways, parking lots, garages, alleys, or public streets.

Even though these are generally low speed accidents, they can still result in property damage, serious injuries, and difficult legal questions like "who is at fault in a backing up accident?"

The question of who should be held liable is not easy to answer, and many factors go into determining fault. Whether it is a parking lot accident where there was poor visibility or a case of distracted driving on slippery roads, victims in these cases need a lawyer at their side. They can also advise on who is at fault if my dog gets hit by a car MO.

Powell Law Firm helps people who were injured in a backing up accident get the compensation they deserve. The firm serves St. Louis and the surrounding area, and they are experts at representing clients in complicated cases, including backing up accidents.

Missouri Drivers Need to Understand Backing Up Accidents

A backing up accident is one where the backing up driver hits another vehicle, object, or person. These often happen on private property like a residential driveway or at an apartment complex. They are also very common in parking lots at grocery stores and shopping centers, or in alleys and side streets.

Unlike other types of car accidents, in a backing up accident, it's often unclear who has the right-of-way, there might be limited visibility, have an obstructed view, or the at fault driver may be maneuvering in close quarters. Typically, people believe that a backing up accident is fairly minor, unlike a rear end collision or head on collision. However, a backing up accident can definitely have serious consequences including:

• Soft tissue injuries

• Pedestrian or bicyclist injuries

• Child injuries in residential areas

• Extensive bumper or undercarriage damage

• Long-term disputes over liability

Common Scenarios in a Backing Up Car Accident

Because it's very difficult to immediately know who is at fault in a backing up accident, every case must be meticulously examined. Insurance adjusters and lawyers will consider everything from where the accident happened and which vehicle was in motion to whether or not the driver was distracted or otherwise not following traffic signs or traffic laws. For more information, these car accident lawyers in St Louis may be able to help.

Here are some of the most common scenarios:

Two Vehicles Back Into Each Other in a Parking Lot

Most parking lot accidents occur when at least one driver is reversing. If two drivers are backing out at the same time, and they fail to see each other, they could both be found liable. In this case, it's important to gather evidence to look at which vehicle should have yielded to the other, if one was an improperly parked vehicle, or if there were issues with the design of the parking lot.

One Vehicle Reverses and Hits an Oncoming Vehicle

If one car is reversing out of a parking space and the other driver is moving forward throughout the parking lot lane, typically the driver that is reversing is the one at fault. However, if the forward-moving driver was speeding or not paying attention, they may share fault in this case.

One Vehicle Backs Into a Parked Car

If a car hits another vehicle, and that vehicle was parked, typically, the driver of the car backing up is 100% at fault. The only exception in this case is usually if the parked car is improperly parked or if there is some type of issue with the design of the parking lot.

A Vehicle Backs Into a Pedestrian or Cyclist

If a driver backs into a pedestrian or a bicyclist, the driver is almost always liable unless the pedestrian or cyclist entered into an unsafe zone without warning. In this case, it's possible to shift liability to the pedestrian or cyclist. These generally happen in residential areas or in parking lots, and even though they usually happen at a slow speed, injuries are likely more serious, especially if children are involved.

Missouri Law and Determining Fault

Missouri doesn't have a specific law that applies to backing accidents. Instead, it is typically governed by negligence law and the rules of the road, which are set by local traffic ordinances and Missouri Revised Statutes.

Here are some ways these are applied:

Duty of Care When Backing Up

All drivers in Missouri have the legal duty to operate their vehicles with "reasonable care." This includes:

• Checking all mirrors and blind spots

• Ensuring the path is clear before reversing

• Ensure a safe following distance

• Yielding to oncoming traffic

• Avoiding abrupt or unsafe backing maneuvers

If a driver does not exercise reasonable care, and they end up causing an accident, they could be found to be fully liable under Missouri law.

Comparative Fault Rule

Missouri is an "at fault" state, and it has a pure comparative fault system in play. This means that each party involved in an accident can be assigned a percentage of fault. To see how this works, insurance adjusters must determine liability. They do this by looking at the details of the case. In many cases, more than one driver is found responsible. This means that they share fault. As an example, let's say that one driver was found to be 30% at fault, and the other was found to be 70% at fault. If the driver who was found to be 30% at fault was awarded $100,000 in a settlement for their injuries, they cannot collect the full amount. Instead, they can collect $70,000.

Who Is at Fault in Specific Backing Accident Situations?

To determine fault, accident investigators and insurance companies will look at the following:

• Which vehicle was moving

• Skid marks

• Whether one or both vehicles were backing

• Surveillance footage or dashcams

• Eyewitness accounts

• Vehicle positions and damage patterns

• Any relevant signage (e.g., "Do Not Enter," stop sign, no left turn, one-way arrows)

By looking at how fault is usually determined, it's easier to understand how all of this works:

Scenario A: Backing Into an Active Lane of Traffic

Driver A backs out of their driveway onto a main road without looking to see if there were any moving vehicles around. A passing car, driven by Driver B, hits Driver A's vehicle.

Even though Driver B was the one who hit Driver A, Missouri law generally places more of the burden on drivers who are backing out into a public road. Per state law, they must yield to the other vehicle.

Scenario B: Two Cars Backing Out at the Same Time

Driver A and Driver B are both parked in a parking lot. It's a nice day, there are no issues with light, and there are no improperly designed property features. In other words, there are no other factors that could affect either driver. They reverse at the exact same time and collide.

In this case, both Driver A and Driver B are usually going to be found to be 50% at fault, each. The only thing that might change this is if one of them can prove that there was something that came into play that would shift the responsibility.

Scenario C: Driver Reverses Without Warning in Traffic

Driver A is driving down a two-lane road and suddenly stops and begins reversing. Driver A backs right up and hits Driver B, who was driving the rear vehicle. In this case, Driver A will usually be fully or primarily at fault because they did not maintain a safe distance and then made an unexpected maneuver without warning.

Scenario D: Vehicle Backs Into a Pedestrian in a Driveway

A driver is backing out of a residential garage, and not paying attention. He hits a pedestrian walking on the sidewalk. In this case, the driver is likely to be found at fault for not checking behind the vehicle, especially in areas where children or pedestrians are expected.

How Fault Is Proven in Missouri Backing Accidents

Establishing fault in a backing accident requires strong evidence. The burden of proof typically falls on the injured party (plaintiff), though insurance adjusters will also conduct independent investigations to find out who can be held responsible.

Evidence May Include:

• Dashcam footage

• Surveillance video from homes or businesses

• Witness statements

• Vehicle damage reports

• Police reports (if applicable)

• Photos of the scene

In complex or contested cases, accident reconstruction specialists may be used to analyze angles, stopping distances, and points of impact. With fault determined, the injured person can recover compensation.

Injuries and Damages in Backing Accidents

While many backing accidents occur at low speeds, they can still result in injuries, especially to vulnerable individuals like pedestrians, children, cyclists, or elderly people.

Common Injuries:

• Whiplash and neck injuries

• Back injuries

• Head trauma

• Soft tissue damage

• Fractures or broken bones

• Pedestrian injuries (often more severe)

Types of Compensation:

Victims of a negligent backing accident may be entitled to recover:

• Medical bills/medical expenses

• Lost wages or reduced earning capacity

• Pain and suffering

• Property damage (vehicle repairs, replacement)

• Out-of-pocket costs (transportation, therapy)

• Long-term care in severe injury cases

Powell Law Firm helps clients document these losses thoroughly so they can pursue full compensation for clients. They offer a free case evaluation to anyone injured in Missouri during a backing up accident.

How Insurance Handles Backing Accidents in Missouri

Insurance companies play a key role in assessing and assigning fault after an accident.

Key Considerations:

• Missouri is a fault-based state, so the at-fault party’s insurance policy generally covers damages.

• If both drivers are found partially at fault, insurers will pay damages proportionally.

• Drivers may file claims under their own insurance provider if fault is unclear or disputed, but that may involve deductibles.

Unfortunately, insurers often use fender benders like backing accidents to deny or reduce claims. A skilled attorney can ensure fair evaluation and challenge lowball offers with legal action. They can also help answer questions like what is a backover accident.

What to Do After a Backing Up Accident in Missouri

Those who have been involved in a backing accident, taking the right steps can protect their legal and financial interests.

Steps to Take:

1. Check for injuries and call 911 if necessary.

2. Exchange insurance and contact information with the other party.

3. Take photos of the scene, vehicle positions, and any relevant signs or markings.

4. Look for witnesses or nearby security cameras.

5. File a police report if property damage or injury occurs.

6. Seek medical attention — even minor symptoms can signal underlying injuries.

7. Contact an attorney — especially if fault is unclear or injuries are involved.

   
   

How Powell Law Firm Can Help - Get a Free

Consultation

Backing accidents often result in disputed liability, especially when both drivers claim the other was driving recklessly. Insurance companies may downplay injuries or blame the injured party, entirely. That’s where Powell Law Firm comes in.

The team at Powell Law Firm offers:

• Free consultations to evaluate the case

• Independent investigations and evidence gathering

• Aggressive negotiation with insurers

• Skilled representation in court when needed

• Clear guidance on victim rights under Missouri’s comparative fault laws

The team has helped countless Missouri clients — including those in St. Louis, St. Charles, Jefferson County, and beyond — recover the compensation they deserve after unexpected crashes.

Backing up accidents in Missouri raise complicated questions about liability and driver responsibility. Who is at fault depends on a careful analysis of the facts — including movement, visibility, local rules, and each party’s actions.

Those who have been injured in a backing accident shouldn't navigate it alone. Insurance companies may not have their best interests in mind, and proving fault isn’t always easy.

Contact Powell Law Firm today for experienced legal help. They can review the case, gather the evidence needed, and fight for full and fair compensation. Call now.