actual settlement amounts truck accidents

How Is Fault Determined in a Trucking Accident When Backing Up?

Backing up an 18-wheeler or other large truck is not easy, but this does not mean that truck reversing accidents are justified. Likewise, while smaller commercial trucks, such as delivery trucks and utility trucks, often need to back up multiple times per day, this is not an excuse for making an occasional mistake. If anything, commercial truck drivers need to be more cautious when they shift into reverse, as the consequences of backing a commercial truck into a pedestrian or another vehicle can be devastating.

According to FleetOwner.com, reversing is the most common cause of commercial truck accidents. The publication also writes that “Reversing a tractor-trailer can be difficult even for those with experience – drivers may end up pressured by traffic, for example, and these low-speed collisions can lead to costly damages and higher insurance rates.” But, while higher insurance rates may be a primary concern for trucking companies, for those who are injured, the consequences of a reversing accident can be far more costly.

Who Is Liable When a Truck Driver Reverses into a Vehicle or Pedestrian?

When a truck driver reverses into a vehicle or pedestrian, the driver is usually at fault, and the employer, such as a trucking, delivery, or utility company, is liable under vicarious liability. Employers may also face direct liability if their own negligence contributed to the accident.

To illustrate the point, let’s take a look at some of the most common causes of truck reversing accidents. In a typical scenario, a collision that occurs while a truck is backing up will be the result of one or more of the following:

The truck driver failed to check blind spots before or during reversing,
The truck driver fails to use a spotter to back up when it is not possible to see behind the truck from the cab,
The truck driver reverses at too high a rate of speed,
The truck’s reverse lights and/or warning signals are inoperable,
The truck driver lacks sufficient training and/or experience to reverse the truck safely,
The truck driver attempts to reverse while talking on the phone, or
The truck driver attempts to reverse while under the influence of alcohol or drugs.

With each of these causes, the truck driver’s employer will ultimately be liable in most cases. However, there are some possible exceptions. For example, if the truck driver is an owner-operator, then the truck driver’s insurance policy would likely come into play. Or, if the truck’s reverse lights are inoperable due to a defect or negligent repair work, then the truck’s manufacturer or the shop that performed the work could be liable. Depending on the circumstances involved, various other factors may also be relevant, and, depending on what those factors are, other parties may share liability for the accident.

Is the Victim Ever at Fault When a Reversing Truck Causes an Accident?

What about the victim? Is the victim ever at fault when a reversing truck causes an accident? In some cases, it is possible that a driver or pedestrian who is hit by a reversing truck could be deemed fully or partially at fault for his or her own injuries.

To be clear, this is the exception rather than the rule. Any time a commercial truck driver is behind the wheel, he or she has a legal duty to exercise due care to avoid causing a collision or injuring a pedestrian. Likewise, trucking companies and other businesses that own or lease commercial trucks have a legal duty to ensure that their drivers and vehicles are safe for the road. When a truck driver or a business fails to uphold its duty of care, it can and should be held liable.

But, there are some instances in which even highly experienced truck drivers with well-maintained trucks will be unable to avoid injurious collisions. For example, this might be the case if:

A driver misjudged time or space while trying to overtake a reversing truck;
A pedestrian walked or ran behind a reversing truck while remaining in the truck driver’s blind spot; or
Despite seeing that the truck was backing up, a driver or pedestrian otherwise put himself or herself at risk by moving behind the truck.

In these types of cases, to determine whether (or to what extent) the truck driver’s employer or insurance company is liable, it will be necessary to conduct a thorough investigation. Is there video footage from a traffic camera or business surveillance camera that shows what happened? Are there witnesses who can testify as to the chain of events? Is there other evidence available that can be used to prove liability? It will be important to answer these questions as soon after the accident as possible.

In cases in which the victim shares partial responsibility for an accident, liability is determined based upon each party’s percentage of fault, and different states have different rules. In Washington, for example, liability is apportioned based strictly on the parties’ percentage of fault. So, even if a pedestrian is deemed 90% at fault for moving behind a reversing truck, that pedestrian will still be entitled to recover 10% of his or her losses. In Oregon, however, the pedestrian would need to be less than 51% at fault to seek a financial recovery.

Regardless of the circumstances involved, victims of reversing truck accidents need experienced legal representation in order to recover the financial compensation they deserve.

The Role of Accident Reconstruction in Truck Reversing Accidents

Accident reconstruction often plays a critical role in determining fault in truck reversing accidents. Because backing collisions frequently occur at low speeds and in confined spaces, insurance companies may seek to minimize the severity of the incident or dispute how it happened. Accident reconstruction allows investigators and legal teams to establish the sequence of events using physical evidence and data.

In truck backing accidents, reconstruction may involve analyzing vehicle positioning, skid marks, impact points, and sight lines available to the truck driver at the time of the collision. In many cases, commercial motor vehicles are equipped with electronic control modules or telematics systems that record speed, braking, and gear selection, including whether the truck was in reverse. Surveillance footage, dash cameras, and nearby business security cameras may also provide critical insights.

Accident reconstruction experts can help determine whether the truck driver followed proper backing techniques, whether a spotter was used, and whether the driver had sufficient time or opportunity to avoid the collision. This analysis is often essential when liability is disputed, and the trucking company or insurance adjuster claims the accident was unavoidable.

Common Insurance Company Defenses in Truck Backing Accidents

Insurance companies frequently raise specific defenses in truck reversing accidents out of a desire to reduce or deny liability. One common argument is that the injured person entered the truck’s blind spot unexpectedly. Insurers may claim that the truck driver exercised reasonable care and that the collision occurred despite proper precautions.

Another common defense is that the injured driver or pedestrian failed to pay attention to audible alarms, reverse lights, or warning signals. In some cases, insurers argue that backing was necessary due to roadway design, delivery requirements, or traffic conditions, and that the truck driver acted reasonably under the circumstances.

These defenses are not determinative. Commercial truck drivers are expected to anticipate blind spots and account for the risks associated with reversing a large vehicle. When insurance companies assert that a victim shares fault, a thorough investigation is often required to evaluate whether those claims are supported by evidence or are simply an attempt to shift responsibility away from the trucking company.

Truck Backing Safety Tips and How Violations Become Legal Evidence

Trucking companies and drivers are expected to follow established safety practices designed to prevent backing accidents. These safety measures are in place because reversing a commercial truck poses foreseeable risks to drivers, pedestrians, and cyclists.

Common truck backing safety practices include:

Using a spotter when visibility is limited;
Avoiding backing whenever a safer alternative is available;
Conducting a walk-around inspection before reversing;
Using functioning reverse lights, alarms, and warning devices; and
Backing slowly and deliberately in congested areas.

When truck drivers or motor carriers fail to follow these practices, such failures may constitute negligence. In personal injury litigation, safety violations are often compared against industry standards and company policies to determine whether reasonable care was exercised. A failure to follow accepted truck backing techniques can significantly strengthen an injured party’s claim.

Catastrophic Injuries and Wrongful Death in Truck Reversing Accidents

Although truck backing accidents often occur at low speeds, the injuries involved can be severe or fatal. Pedestrians, cyclists, and occupants of smaller vehicles are particularly vulnerable when struck by a reversing commercial truck. Even limited contact can result in traumatic brain injuries, spinal cord damage, crushed limbs, or internal injuries.

When a truck reversing accident results in catastrophic injury, the legal stakes increase substantially. These cases often involve long-term medical care, permanent disability, loss of income, and profound emotional harm to families. Trucking companies and insurers frequently contest liability aggressively due to the potential financial exposure.

When an accident victim passes away from their injuries, surviving family members may have a legal right to bring a claim against the at-fault parties. Compensation in wrongful death cases differs from personal injury claims because the claim is looking at the family members’ losses, such as financial dependence, loss of emotional support and companionship, and more.

In these cases, trial preparation is essential. Building a claim that withstands scrutiny requires detailed investigation, expert testimony, and a clear presentation of how negligence caused the injuries. Resolution may occur through settlement or verdict, but meaningful accountability often depends on readiness to proceed to trial.

Frequently Asked Questions About Truck Reversing Accidents

Truck reversing accidents raise unique liability issues because commercial drivers and motor carriers are held to strict safety standards. The following questions address how insurers typically assess fault in trucking accidents involving backing up.

Who Is Usually at Fault When a Truck Backs into Another Vehicle?

In most truck reversing accidents, the truck driver is at fault. Commercial drivers have a heightened duty to ensure it is safe before backing up, particularly given blind spots and the size of commercial motor vehicles. When a driver reverses into another vehicle, fault is often based on failure to maintain a proper lookout, failure to use a spotter, or failure to follow safe backing procedures. In some cases, the trucking company is also liable under vicarious liability principles.

Can a Trucking Company Be Held Liable for a Backing Accident?

Yes. A trucking company can be held liable for a truck backing accident in several ways. Employers are generally responsible for their drivers’ actions when those actions occur within the scope of employment. In addition, trucking companies may face direct liability for negligent hiring, inadequate training, unsafe backing policies, or failure to maintain equipment such as reverse lights or warning alarms. These issues are often evaluated through company records and accident reconstruction.

Does a Truck Driver Have a Higher Duty of Care When Backing Up?

Yes. Truck drivers have a higher duty of care when backing up because reversing a commercial motor vehicle presents known and foreseeable risks. Federal Motor Carrier Safety Administration regulations and industry safety standards emphasize the need for caution, proper training, and the use of spotters when visibility is limited. Failure to follow accepted truck backing up techniques may constitute negligence, particularly when pedestrians or smaller vehicles are involved.

Are You Always at Fault When Reversing?

No. A driver is not automatically at fault simply because a vehicle was reversing at the time of a collision. However, commercial truck drivers are often presumed to carry greater responsibility due to the known risks associated with backing a large commercial motor vehicle. Truck drivers are expected to take additional precautions, including maintaining awareness of blind spots, using spotters when necessary, and backing only when it is safe to do so.

Fault is determined based on negligence and the specific circumstances of the accident. In some cases, another driver or pedestrian may share responsibility if they moved into your path despite visible warnings. That said, because reversing is a controlled maneuver, trucking companies and their drivers are frequently held liable when safety procedures are not followed.

Request a Free Consultation with a Trucking Accident Law Firm at D’Amore Law Group

If you or a loved one has been involved in an accident involving a commercial truck, the attorneys of D’Amore Law Group can help you recover. To schedule a free, no-obligation consultation in Oregon or Washington, call our offices directly or get in touch with us online today.