Hit by a Car Backing Out of a Driveway — Who’s Liable?
When a driver reverses out of a driveway and hits you, you face pain, paperwork, and a lot of questions. California law sets clear duties for drivers who back up near sidewalks and driveways. You can hold the driver accountable, and you can protect your claim even if you don’t speak much English or understand legal terms.
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The core rule: the reversing driver must make it safe
California requires drivers to back up only when they can do so safely, and to watch for people crossing behind them on the sidewalk, driveway apron, and curb cut. The California Driver Handbook tells drivers to check mirrors, look over the shoulder, and yield to people walking or rolling nearby.
You also benefit from a statewide focus on pedestrian safety. California’s Office of Traffic Safety reports pedestrian deaths fell from 1,213 in 2022 to 1,106 in 2023, but the numbers remain high, which keeps enforcement and safety campaigns active.
Who pays after a driveway back-up crash?
Responsibility usually starts with the driver who reversed. Other parties can share fault depending on where and how the crash happened. Read these common scenarios so you can spot what fits your situation if you were hit by a car backing out.
- You on the sidewalk, driver exiting the driveway. The driver must yield to pedestrians on the sidewalk. Failing to look, rolling past the sidewalk before stopping, or reversing quickly points to driver fault. The Driver Handbook emphasizes scanning for pedestrians and yielding the right-of-way.
- You walking behind parked cars near the sidewalk. Drivers must still make sure it’s safe before reversing. Quick backing, poor mirror checks, or ignoring blind spots supports your claim.
- You in the roadway (for example, crossing a residential street). Drivers entering the street from a driveway must yield to traffic that’s close enough to be dangerous; rushing out can create liability.
- Hit-and-run backing crash. Your own uninsured/underinsured motorist (UM/UIM) coverage can step in. California law requires insurers to include UM/UIM unless you reject it in writing. If a driver flees, report the crash to police within 24 hours to preserve an uninsured motorist claim.
Important claim truths you can use
You improve your case when you follow rules that insurers and courts recognize. These points help you move fast, document losses, and keep your options open.
You can open a claim without a police report.
California does not require a police report to open an insurance claim. Insurers can, and often do, start claims without one, though a report can make things smoother.
Watch for delayed shock symptoms.
In the context of personal injury claims, delayed shock symptoms after an accident holds significant importance.
First, the medical bills resulting from professional treatments and psychological counseling or therapy required to manage delayed shock can be substantial. Second, if the injured person has to take time off work due to their condition, lost wages can add to the financial burden. Document these symptoms and get care.
Pain-and-suffering ranges vary widely.
In California, awards for pain and suffering range from $5,000 to more than $500,000, depending on injury severity and impact on daily living. Evidence about how the injury changed your daily life matters.
Not at fault? Your insurer shouldn’t raise your rates.
California prohibits carriers from surcharging you for a driveway back-up crash where you aren’t principally at fault. If someone else caused it, your insurer should not increase your premium because of that accident.
Minimum liability coverage increased in 2025. Policies issued on or after January 1, 2025 must meet higher minimums under SB 1107. This can affect how much money is available from the at-fault driver’s insurer.
What to do right now (even if you feel okay)
Small, calm steps help you protect your health, your rights, and your case value. You don’t need perfect English to do these; you just need to write down facts and follow up on care.
- Get medical care and describe every symptom. Tell the provider exactly where it hurts, ask for an interpreter if you need one, and schedule follow-ups. Keep all bills and records. Delayed symptoms, including shock and anxiety, still count; you should document them.
- Collect driver and scene evidence. Photograph the driveway, the sidewalk, any hedges or obstructions, the car’s position, and your injuries. Save Ring/doorbell or dashcam clips if available.
- Report strategically. Call 911 if you need emergency help. For hit-and-run, make a prompt police report to support a UM claim. For non-emergencies, you can still file a report later; you can also open the insurance claim without one.
- Open the claim, then control the conversation. Give the basics about who, where, and when. Do not guess about injuries. You can give a fuller statement after you talk with a lawyer or finish the first medical visits.
- Mind your deadline. In most cases, you have two years from the injury date to file a personal-injury lawsuit in California; government claims have shorter timelines.
Coverage check: your policy can help even when the other driver won’t
Ask your insurer about UM/UIM benefits (uninsured/underinsured motorist). California includes this unless you reject it in writing, and it can cover medical bills, lost income, and pain and suffering when the reversing driver has no insurance or not enough limits. For hit-and-run, report to police within 24 hours and notify your carrier quickly to keep UM available.
A quick note on value
Two things drive settlement value: how badly the crash changed your body and your life, and how well you prove it. Thorough medical records, consistent treatment, and clear proof of lost work all move insurers. Pain-and-suffering numbers vary, but well-documented daily-life impacts often push offers higher.
Straight talk to finish strong
You didn’t cause a car to back into you. Hold the driver, their insurer, and — if needed — your own policy to the rules. Get care, record everything, and stay within your deadlines. If a driver fled or carried low insurance, use UM/UIM and keep the claim moving. California’s safety rules, insurance protections, and court deadlines give you tools to win fair compensation.
Need a compassionate attorney to help you file a claim? RTM Law Firm represents California accident victims. Call now for a free consultation. No fees until we win.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
