September 27, 2023 | Publications

Backing out of Driveway: What To Do After a Car Accident

Car accidents are an unfortunately common occurrence, and they can have devastating effects on the lives of those involved
Car accidents are among the most common causes of serious injury and death in the United States each year. Car accidents usually occur due to some sort of driver negligence, which is generally defined as the lack of ordinary care; it is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. It may arise from doing an act that a reasonably prudent person would not have done under the same circumstances, or, from failing to do an act that a reasonably prudent person would have done under the same circumstances.

Many backing out of driveway accidents happen every day as drivers back out of both residential and commercial driveways. This type of accident can be very serious, often causing a T-Bone accident where the oncoming vehicle in the roadway doesn’t see the vehicle backing out of the driveway and crashes into the side of the vehicle.

If you or a loved one have been seriously injured in a car accident where the other driver was at fault, it is important to understand your rights. It is important to contact the Best Auto Accident Attorney.

Why Car Accidents Happen

Driver Error/Negligence

The most common cause of car accidents is driver error. The common driver errors seen in auto litigation are:

–           failure to yield the right of way,

–           not paying attention/being distracted,

–           following too closely,

–           driving at an excessive rate of speed,

–           driving under the influence of alcohol or drugs,

–           neglecting weather or traffic conditions,

–           disregard of traffic laws.


Distractions to a motor vehicle driver have become an increasing cause of accidents. Common distractions include:

–           use of cellular phone while driving,

–           attempting to read,

–           putting on makeup,

–           changing the radio station,

–           and numerous other distractions both inside and outside of the vehicle.

Backing out of Driveway

In general, a vehicle that is entering a lane of traffic would not have the right of way, which means they would be expected to enter the roadway only after observing the situation and yielding to drivers with the right of way. If a driver without the right of way crashes into a driver that has the right of way, the driver without the right of way is more likely to be at fault for the accident because they had a duty to yield to oncoming traffic and failed to do so. Failing to yield the right of way is one of the factors that is assessed in determining fault but it isn’t the only one.

If you are able to prove that the other driver was at-fault for your auto accident, you may be able to recover compensation for:

–           Medical expenses

–           Lost wages

–           Lost earning capacity

–           Mental anguish

–           Pain and suffering

Types of Injuries That Occur from Car Accidents

 Life for many car accident victims suffering severe, and even some minor injuries, is never the same. They have to endure ongoing medical treatments, including occupational or physical therapy.  Some of the most common injuries caused by auto accidents include:

–           Whiplash

–           Soft tissue injuries

–           Neck and back injuries

–           Traumatic brain injuries

–           Lacerations and broken bones

–           Chest injuries

–           Arm and leg injuries

–           Internal bleeding

–           Herniated discs

–           Post-traumatic stress disorder

Unfortunately, many of these types of injuries can take a long time to heal, and other types of injuries are permanent and/or life-altering or tragically, lead to death. Wrongful death is a legal term that describes a situation where negligence leads to the death of another person. If a loved one is killed because of the wrongful conduct of a person or persons, such as in a car accident, the decedent’s heirs or beneficiaries may file a wrongful death lawsuit against those responsible for the decedent’s death.

What To Do After a Car Accident When Not At Fault

Car accidents are traumatic events, especially if you are involved in a crash that occurred through no fault of your own. You might feel frightened, in shock or in pain after a high-impact collision, and not sure how to proceed next.

Call 911

New York law requires anyone involved in a car crash to remain at the scene and notify law enforcement if there are injuries or fatalities.

Information all parties are to provide to the investigating officer are: name, address, driver’s license, vehicle registration, license plate number, and insurance information. A police report should be obtained after the accident. If possible, take photos/videos of the accident scene.

Seek medical attention immediately

Do not refuse medical treatment if emergency services are dispatched to the scene. Even if you are not transported to the hospital by ambulance for treatment, visit a physician as soon as possible after the accident to get a thorough evaluation of your injuries. Some symptoms of injuries like mild traumatic brain injuries, internal organ damage, whiplash, and others may appear in the following hours or days, so do not assume you are not hurt just because you feel fine right after the car accident occurred.

Not seeking medical treatment could severely harm your injury claim

If your doctor refers you for imaging tests, surgical procedures, physical therapy, or other treatment, you should follow their orders. A gap in treatment is significant evidence insurance companies can use to deny claims. They might argue that the accident didn’t cause an injury or your injury isn’t severe enough to require medical intervention.

Speak with a knowledgeable car accident attorney

After the car accident, If the other party’s insurance company tries to contact you and ask for information, you should not speak to them until you have discussed your case with an experienced car accident attorney. Keep in mind that the insurance adjuster will look for any information they can use to shift all or some of the blame onto you. To protect yourself and ensure that you get the fair compensation you deserve after an accident, hire a qualified and experienced car accident lawyer to represent you.

How Can a New York and New Jersey Car Accident Attorney Help?

Karasik Law Group just closed a case for $150,000.00 involving backing out of a driveway. If you or a loved have been seriously injured in a car accident, Karasik Law Group will fight for your family’s right to compensation for every dollar you are entitled to under the law.  Call us to today at (718) 502-9112 to schedule a free consultation. And be sure to visit our website at At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.