In a California personal injury case involving a vehicle backing into a pedestrian, the driver is typically considered at fault due to a clear legal duty to ensure it is safe before reversing. Pedestrians have strong legal protections under California law, especially when they are walking in parking lots, driveways, or along sidewalks where reversing vehicles are common.
🚦 Key Legal Principles
- California Vehicle Code § 22106 – Backing a Vehicle
This statute states: “No person shall… back a vehicle on a highway unless such movement can be made with reasonable safety.” If a driver fails to check mirrors, blind spots, or use a backup camera before reversing—and hits a pedestrian—they may be found negligent per se (automatically negligent for violating a safety statute). - California Civil Code § 1714 – General Negligence Law
This law imposes a duty of ordinary care on all individuals. Drivers must act reasonably to avoid causing harm to others, especially vulnerable road users like pedestrians.
đź’Ľ Potential Damages for the Injured Pedestrian
If you were a pedestrian struck by a backing vehicle, you may be entitled to compensation for:
- Medical expenses (hospital, surgery, physical therapy)
- Pain and suffering
- Lost wages (time off work)
- Loss of earning capacity (if injuries are long-term)
- Emotional distress
- Property damage (if personal belongings were broken in the collision)
🧾 Evidence That Can Strengthen Your Claim
- Surveillance or dashcam footage showing the backing motion and pedestrian’s visibility
- Witness statements
- Photographs of the scene, skid marks, or vehicle position
- Police or incident report (especially in parking lot incidents)
- Medical records linking injuries to the impact
âś… Next Steps
- Seek immediate medical care
- Document everything: take photos, get contact info from witnesses
- Request security footage (if applicable)
- Avoid giving statements to the driver’s insurance without legal advice
- Consult a personal injury attorney to evaluate your case and pursue full compensation
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].