Backing up seems simple enough. You check your mirrors, glance over your shoulder, and ease into reverse. Yet thousands of collisions happen each year because a driver failed to back up safely. According to the National Highway Traffic Safety Administration (NHTSA), backing crashes injure roughly 15,000 people and kill about 300 people every year in the United States. Many of these accidents happen in parking lots, driveways, and residential streets.
If someone backed into your car or hit you while reversing, the question of fault matters greatly. It determines who pays for medical bills, vehicle repairs, and other losses. South Carolina law places a clear duty on drivers who back up. However, fault is not always automatic. Several factors can shift or share blame between the parties involved.
This guide explains how South Carolina determines fault in backing up accidents. It also covers the evidence you need and the steps you should take to protect your claim.
South Carolina’s Backing Up Law
South Carolina has a specific statute that governs backing up a vehicle. Under S.C. Code § 56-5-3810, the law states:
“No driver shall back a vehicle unless such movement can be made with safety and without interfering with other traffic.”
The statute also prohibits backing on any shoulder or roadway of a controlled-access highway. This language is strong and clear. The driver who backs up carries the burden of making sure the move is safe. Before reversing, you must confirm that no cars, pedestrians, or objects are behind you.
A failure to comply with this statute carries serious legal consequences. South Carolina courts have long held that violating a traffic law like Section 56-5-3810 can establish negligence as a matter of law. This legal doctrine is called “negligence per se.”
How Violating the Backing Statute Proves Negligence
The South Carolina Supreme Court has made clear that breaking a traffic statute is powerful evidence of fault. In Wise v. Broadway, 315 S.C. 273, 433 S.E.2d 857 (1993), the Court addressed what happens when a driver violates a traffic safety law. The Court held:
“The causative violation of a statute constitutes negligence per se and is evidence of recklessness and willfulness, requiring the submission of the issue of punitive damages to the jury.”
Wise, 315 S.C. at 276, 433 S.E.2d at 859.
This means that when a driver violates Section 56-5-3810 by backing unsafely, the law presumes that driver was negligent. The injured person does not need to prove the driver owed a duty of care or breached that duty. The statute violation itself establishes both elements. The injured person only needs to show that the violation caused the accident and their resulting injuries.
The South Carolina Court of Appeals reinforced this principle in Howard v. South Carolina Department of Highways, 343 S.C. 149, 538 S.E.2d 291 (Ct. App. 2000), stating:
“Ordinarily, the violation of a traffic statute establishes the per se negligence of the offending driver.”
Howard, 343 S.C. at 154, 538 S.E.2d at 293 (citing Wise v. Broadway).
The Court in Howard further explained that once a traffic statute violation is proven to be the proximate cause of an injury, the injured party may maintain a negligence action against the offending driver.
Even earlier, in Field v. Gregory, 230 S.C. 39, 94 S.E.2d 15 (1956), the South Carolina Supreme Court stated:
“The violation of an applicable statute is negligence per se, and whether or not such breach contributed as a proximate cause to [the] plaintiff’s injury is ordinarily a question for the jury.”
Field, 230 S.C. at 44, 94 S.E.2d at 18.
The Court in Field also observed that “[c]ausative violation of an applicable statute constitutes actionable negligence and is evidence of recklessness, willfulness and wantonness.” Id. at 46, 94 S.E.2d at 19. This language is critical for backing accident victims. It means a driver who violates Section 56-5-3810 is not only negligent. That violation also opens the door to potential punitive damages if the conduct was egregious enough.
Most recently, the South Carolina Supreme Court reaffirmed this long-standing doctrine in Fairchild v. South Carolina Department of Transportation, 398 S.C. 110, 727 S.E.2d 407 (2012). The Court confirmed that “the violation of a statute constitutes negligence per se, and negligence per se is some evidence of recklessness and willfulness.” Fairchild, 398 S.C. at 118, 727 S.E.2d at 411 (citing Wise v. Broadway). The Court emphasized that this rule has deep roots in South Carolina law, tracing back over a century.
What Negligence Per Se Means for Your Backing Accident Case
The negligence per se doctrine gives you a significant advantage in a backing accident claim. Here is how it works in practice.
In a standard negligence case, you must prove four elements: duty, breach, causation, and damages. Under negligence per se, the first two elements are established automatically. The traffic statute creates the duty. The violation of that statute is the breach. You still need to prove that the violation caused the accident and that you suffered real injuries or losses. However, you start your case in a much stronger position than you would otherwise.
For example, imagine a driver backs out of a parking space without checking behind them. Their car strikes your vehicle as you drive through the lane. That driver violated S.C. Code § 56-5-3810 by backing without safety. Under Wise and Field, their statutory violation is negligence per se. You do not need to convince a jury that they owed you a duty of care or that they breached that duty. The statute does that work for you.
Common Backing Up Accident Scenarios
Backing collisions happen in many different ways. Understanding the typical scenarios helps you see how fault is determined in each one.
Parking Lot Backing Accidents are the most frequent type. A driver reverses out of a parking space and collides with a car traveling through the lane behind them. In most cases, the driver backing out bears the primary fault. The vehicle in the travel lane has the right of way. However, if that driver was speeding through the lot or looking at a phone, they may share some blame.
Driveway Backouts happen when a driver reverses from a private driveway onto a public road. The backing driver must yield to all traffic on the street. Children playing nearby, pedestrians on sidewalks, and passing cars all have priority. Failing to check carefully before pulling out can lead to serious injuries.
Two Cars Backing at the Same Time creates a more complex fault picture. When both drivers reverse out of opposing parking spaces and collide, each driver had the same duty to check their surroundings. Fault in this scenario is often split between both parties. The exact percentages depend on the specific facts and evidence available.
Backing into a Pedestrian is among the most dangerous scenarios. NHTSA data shows that children under five and adults over seventy face the highest risk of backover injuries. Driveways are the most common location for fatal backing accidents involving pedestrians. These cases often result in severe injuries and significant legal liability for the driver.
Backing on a Road or Highway is extremely hazardous. Section 56-5-3810(b) flatly prohibits backing on any controlled-access highway. Even on regular roads, a driver who backs up into oncoming traffic creates a dangerous situation. Fault almost always falls on the driver who reversed into the flow of traffic.
Shared Fault Under Comparative Negligence
Not every backing accident is one driver’s fault alone. South Carolina follows a modified comparative negligence rule. The state’s Supreme Court adopted this system in Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). The Court replaced the old contributory negligence standard, holding:
“[A] plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiff’s recovery shall be reduced in proportion to the amount of his or her negligence.”
Nelson, 303 S.C. at 245, 399 S.E.2d at 784.
The legislature later codified this principle in S.C. Code § 15-38-15. Under this rule, your compensation is reduced by your percentage of fault. For example, imagine a driver backs out of a parking space and hits your car. A court finds the backing driver 80 percent at fault and you 20 percent at fault for speeding through the lot. If your damages total $50,000, you would recover $40,000 after the 20 percent reduction.
There is a critical cutoff to know about. If you are 51 percent or more at fault, you cannot recover anything. Insurance companies understand this rule well. They often try to pin extra fault on the injured person to lower the payout. For a deeper look at how South Carolina handles shared fault, see our article on types of negligence in South Carolina.
When the Backing Driver May Not Be at Fault
Although the backing driver usually carries the blame, several situations can shift fault to the other party.
An illegally parked vehicle can create a hazard that the backing driver could not avoid. If a car was parked in a fire lane, tow zone, or other prohibited area, its presence may have caused the collision. The backing driver may argue they had no reason to expect a vehicle in that spot. Still, courts often note that a moving vehicle hitting a stationary object raises questions about whether the backing driver checked carefully enough. Comparative negligence may split fault between both parties in these cases.
A speeding vehicle in the travel lane may share significant fault. Parking lots typically have speed limits of 10 to 15 miles per hour. A driver flying through at twice that speed gives the backing driver less time to react. The speeding driver’s negligence may equal or exceed the backing driver’s fault.
A distracted driver who was texting, eating, or looking at a phone may not have seen the backing vehicle in time. South Carolina’s hands-free driving law makes holding a phone while driving illegal. A violation of that law strengthens a claim that the other driver’s distraction contributed to the crash. Read more about distracted driver negligence and your legal rights.
A vehicle that suddenly appeared behind the backing car without warning may share fault. For instance, a car that speeds into a parking space directly behind a vehicle already in motion may be partially responsible for the resulting crash.
Evidence That Proves Fault in a Backing Accident
Strong evidence is the key to winning a backing accident claim. Start gathering proof immediately after the collision.
Photos and Video capture the scene before anything changes. Photograph the position of both vehicles, the damage to each car, and any skid marks or debris. Take wide-angle shots of the parking lot or road to show sight lines and obstructions. If nearby businesses have security cameras, ask for the footage right away. Many systems overwrite old recordings within 24 to 72 hours.
Witness Statements carry significant weight. A bystander who saw the accident has no reason to favor either side. Get their name and phone number at the scene. Ask them to describe what they saw while the details are still fresh.
The Police Report provides an official account of the accident. Officers document the positions of the vehicles, note any traffic violations, and sometimes assign fault in their report. Always call the police after a backing accident, even if the damage seems minor. A police report creates a formal record that supports your claim later.
Vehicle Damage Patterns tell investigators how the crash happened. Damage to the rear bumper and taillights of one vehicle and the front or side panel of the other vehicle suggests a backing collision. Repair estimates and photos from the body shop support your account of the events.
Medical Records connect your injuries to the accident. See a doctor as soon as possible after the collision. Even low-speed backing accidents can cause whiplash, back strains, and soft tissue injuries. A gap between the accident and your first medical visit gives the insurance company room to argue that your injuries came from somewhere else.
Common Injuries in Backing Up Accidents
Backing accidents usually happen at lower speeds than highway collisions. However, the injuries can still be serious. The unexpected nature of these crashes often catches victims off guard, giving them no time to brace for impact.
Whiplash and Neck Injuries occur when the sudden jolt of a collision snaps the head forward and back. Even a low-speed impact can stretch or tear the muscles and ligaments in the neck. Symptoms may not appear for hours or days after the crash.
Back and Spinal Injuries range from muscle strains to herniated discs. A direct rear impact pushes the body in ways it is not designed to absorb. These injuries can require months of physical therapy or even surgery to correct.
Pedestrian Injuries from backover accidents tend to be the most severe. A person on foot has no protection from a reversing vehicle. Broken bones, head injuries, and internal organ damage are common. Children struck by backing vehicles face especially devastating outcomes due to their small size and fragile bodies.
Property Damage is present in virtually every backing collision. Crumpled bumpers, broken taillights, dented fenders, and scratched paint may seem minor, but repair costs add up quickly. Modern vehicles contain sensors and cameras in the bumper area that are expensive to replace.
Damages You Can Claim
If another driver caused the backing accident, South Carolina law entitles you to compensation for your losses. Economic damages include medical bills, lost wages, vehicle repair costs, and any other out-of-pocket expenses. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
The negligence per se doctrine established in Wise, Field, and Fairchild also opens the door to punitive damages in egregious cases. If a driver backed into traffic while intoxicated, texting, or acting with extreme carelessness, the jury may award punitive damages to punish that behavior and deter others from doing the same.
South Carolina requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury under S.C. Code § 38-77-140. If the at-fault driver’s coverage falls short, your own uninsured or underinsured motorist coverage can help fill the gap. Understanding your full insurance picture matters in every accident case.
You have three years from the date of the accident to file a personal injury lawsuit under S.C. Code § 15-3-530. Missing that deadline means losing your right to seek compensation. Acting quickly also helps preserve evidence that may disappear over time.
How Insurance Companies Handle Backing Accidents
Insurance adjusters investigate backing accidents closely. They look for any reason to reduce or deny your claim. Several common tactics can catch you off guard if you are not prepared.
The adjuster may argue that you could have avoided the collision. Even if the other driver was backing up, the insurer might claim you had time to honk, swerve, or stop. This argument ties directly to comparative negligence under Nelson v. Concrete Supply Co. Any fault they pin on you reduces their payout.
Quick settlement offers are another concern. The insurance company may offer a check within days of the accident. This amount rarely covers the full cost of your injuries and repairs. Once you accept a settlement, you cannot go back for more money if your injuries worsen. Always consult an attorney before accepting any offer.
Recorded statements can also work against you. The adjuster may ask you to describe the accident on tape. Anything you say can be twisted to suggest you were partially at fault. Politely decline until you speak with a lawyer.
Steps to Take After a Backing Up Accident
The actions you take right after the accident directly affect the strength of your claim. Follow these steps to protect yourself.
Stay at the scene and check for injuries. Call 911 if anyone is hurt. Even if the collision seems minor, request that police respond and create a report. Exchange contact and insurance information with the other driver. Take photos and gather witness details. Then seek medical attention, even if you feel fine at first.
Avoid admitting fault at the scene. A simple “I’m sorry” can be used against you later. Let the investigation determine who is responsible. Do not give a recorded statement to the other driver’s insurance company without legal advice. Contact an experienced personal injury attorney who can guide you through the claims process and fight for fair compensation. Our guide on steps to take at an accident scene walks you through each step in detail.
Contact Klok Law Firm LLC
Backing up accidents may seem minor, but they can cause real injuries and significant financial losses. South Carolina’s backing statute, Section 56-5-3810, places a heavy burden on the reversing driver. As the courts held in Wise, Field, and Fairchild, violating that statute is negligence per se and evidence of recklessness. At the same time, comparative negligence under Nelson means the other driver may share blame if they were speeding, distracted, or broke traffic rules.
At Klok Law Firm LLC, we help accident victims in Charleston, Mount Pleasant, and across the South Carolina Lowcountry. We know how insurance companies work to minimize your claim. We fight back with strong evidence and a thorough knowledge of South Carolina personal injury law.
Call us today at (843) 701-1695 or email us at rklok@kloklaw.com to schedule a free consultation. Let us handle the legal fight while you focus on your recovery.
This blog post is for informational purposes only and does not constitute legal advice. Each case involves unique circumstances that require consultation with a qualified attorney. For specific guidance on your backing accident claim, contact an experienced South Carolina personal injury lawyer.