A moving violation occurs when you break a traffic law (or laws) while your vehicle is in motion. There are a variety of things you can do while driving that are considered moving violations, all of which can lead to an accident. They often start with something simple — running a stop sign or backing up down your driveway — but can lead to serious injury and even death.
Here are some common types of moving violation accidents, with information on assessing fault and next steps after a collision.
Who is at fault in a car accident when backing up?
Collisions involving someone backing up into a person, object or another car account for about 25% of all vehicle accidents. While they often happen at slow speeds, injuries can be serious and sometimes even fatal.
A primary cause of this type of accident is simply not seeing the car, person or object behind you. For that reason, it’s important to know where your blind spots are and to check behind you more than once before accelerating. If you have a backup camera, don’t solely rely on it to keep you from hitting anything. Once you’re sure it’s clear, continue moving slowly to be cautious and safe.
Usually, the person who’s backing up is at fault in these types of accidents, especially if they hit a car moving forward that has the right of way. Think about a parking lot — cars pulling out of spaces must yield to those driving straight down the rows of cars.
The only situation where a forward-moving car could be partially at fault in an accident of this type is if there’s evidence they weren’t paying attention while driving, or were speeding.
If both cars involved in the accident were backing up, they’ll most likely share fault for the crash.
Who is at fault in a rear-end collision?
When a car hits the back of the car in front of them, you’re in a rear-end collision. These accidents are often caused by distracted driving. When you text, eat, or reach for something in your car, you’re not focused ahead of you. This can lead to not seeing the car in front or assuming that car is moving when it isn’t.
Additionally, tailgating or other reckless driving can cause a rear-end accident. They can happen in any situation where you’re too close to the car in front of you to react to a sudden stop. Weather may also be responsible. With water and ice on the road, your car can skid if you aren’t able to stop slowly and far enough back.
Georgia law assigns fault in rear-end accidents to the person who does the rear-ending. The only way to avoid fault is to show negligence in some way by the other driver involved in the crash.
Trying not to slam on your brakes is the most tried-and-true way of avoiding this type of car accident. To do this, you need to remain focused while driving, never follow too closely behind another car, and make sure you change lanes slowly.
Who is at fault in a sideswipe accident?
This is the most complicated type of moving violation-related accident. In many cases, how to tell who sideswiped whom isn’t easy. It often requires a careful review of the facts and looking closely at how the accident happened. The driver who’s determined to have caused the accident is at fault.
Being a careful and aware driver will help you avoid causing this type of accident, but it might not always prevent it from happening to you. Common causes related to a sideswipe accident include drifting into another lane, excessive speed and distracted/impaired driving. By far the most common scenario that causes this type of accident is changing lanes.
You can end up sideswiping a car if you change lanes without checking your blind spots or without signaling your intention. If you don’t allow enough space for another vehicle to merge, you could end up in a sideswiped car yourself. Weaving in and out of lanes of traffic quickly and erratically may also increase the chances of this type of accident.
Getting the right help after a moving violation accident
Although in many cases, establishing fault in these types of accidents is easy, you should never have to fight for the compensation you deserve alone. Relying on the experienced team at Watson Injury Law gives you dedicated support to help you get the compensation you deserve when you’re not at fault and suffering from personal injury or property damage. Contact us today for a free consultation and to learn more.