Truck Accidents Caused By Backing Up: Situations In Which The Truck Driver Can Be Held Liable

Contrary to the popular belief, backing-up truck accidents are actually quite common in California and all across the U.S. In fact, statistics show that about 25 percent of all motor vehicle collisions involving trucks occur as a result of backing over a person, car or object.

Backing up is always a dangerous maneuver on the road and in a parking lot regardless of whether you are driving a passenger car or a large truck. But given that 50-plus foot long trucks can weigh up to 80,000 pounds when loaded with cargo, it is not surprising that it is much more difficult to operate a truck and be alert at all times given that the visibility in a truck’s rear-view mirrors is limited when backing up.

Even though the vast majority of backing-up truck accidents are caused by the truck driver’s inability to see persons, vehicles, and objects due to the limited visibility in rear-view mirrors (blind spots), these accidents are still preventable and avoidable.

“More often than not, the truck driver can be held liable for failure to perform a safe backing maneuver,” says our San Diego truck accident attorney at the Simpson Law Group. “Since spotters are often required to help a truck driver perform a backing maneuver and avoid slamming into pedestrians, other vehicles, and objects, drivers who fail to get the assistance of spotters can be held liable for your injuries caused in a backing-up truck accident due to the driver’s negligent act or omission to act.”

Situations in which the truck driver is at fault in backing-up truck accidents

Other than failure to get the assistance of spotters when performing a backing maneuver, you may be entitled to seek compensation for your injuries sustained in a backing-up truck accident if the truck driver:

• Did not honk the horn and did not signal in any other manner to warn of the backing maneuver;
• Did not turn on the four-way flashers;
• Focused on only one mirror (creating even more blind spots for himself/herself; watching both mirrors gives the driver a better view when backing up);
• Was distracted by his/her phone, changing a radio station, talking on the phone, or any other activity or daydreaming;
• Was under the influence of alcohol or drugs, which impeded his/her reaction and judgment;
• Did not have the distinctive backup alarm (the “beep” of a reversing truck; this may be because the truck or its parts and components are defective, which could potentially make the truck company and the truck’s manufacturer liable as well);
• Did not properly evaluate the area prior to performing the backing maneuver;
• Chose to perform the backing maneuver in low-light or harsh weather conditions when he or she could not adequately see pedestrians, vehicles, or objects;
• Overloaded the truck, which made it impossible to control the truck (the truck company or a third-party whose responsibility is to load the truck and secure its cargo may be held liable, too);
• Chose to back up when the backing maneuver could have been avoided or was unnecessary in the first place;
• Performed the backing maneuver in a hurry; and
• Failed to make a reasonable attempt to get someone to act as a spotter.

As you can see, there are many situations in which a truck driver can be held liable for injuries caused in backing-up truck accidents. Consult with our San Diego truck accident attorney at the Simpson Law Group to find out whether or not you can sue the truck driver and his/her trucking company for your injuries sustained in this type of accident. Call our offices at 619-236-9696 for a free case evaluation.