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Backing-Up Truck Accidents: Is the Pedestrian at Fault?

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Tractor-trailers and other trucks pull into Greenville and other South Carolina cities to pick up cargo or deliver it to stores. We see these trucks pulling up to big box stores or even into downtown at all hours of the day. Sometimes pedestrians or dock workers can be struck when a truck is in reverse. Unsurprisingly, these trucks have gigantic blind spots, and the trucker might run over someone who is standing directly behind the rig. Contact Snyder Heitman if you are injured in a backing-up accident. Our firm can start collecting evidence and reviewing your legal rights.

Technology Has Reduced Accidents

Most newer trucks have technology built in that reduces the risks of accidents:

  • Rear-view cameras. These cameras provide a view of the back of the vehicle. This is one of the best innovations and has reduced the risk of accidents; however, the camera must be working, and the truck driver needs to watch to see if the way is clear. Not all trucking companies have installed these cameras, and no federal regulations require them.
  • Some trucks have sensors which can detect a person moving behind the truck and alert the trucker.
  • Reverse signal alarm. Many trucks emit a distinctive beeping sound when they are backing up. This sound warns pedestrians and others that a truck is moving backwards so they can get out of the way.

If technology is not working properly, then the truck owner could be liable for an accident, under the theory they failed to maintain the vehicle. Let us review the facts. One reason to contact a lawyer quickly is to determine the state of the truck at the time of the crash.

When is a Pedestrian to Blame?

South Carolina’s comparative fault rules matter in truck accident cases. A pedestrian who is struck by a truck backing up might be partially to blame if they tried to scoot behind the truck.

Many loading docks are near busy areas. Think of loading docks at the side of a big box store. There is quite a bit of foot traffic, and shoppers might refuse to stop if they are in a hurry to get to the store.

Trucking companies have incentives for blaming victims for their accidents. The company can reduce the compensation they pay or avoid legal liability entirely. Trucking companies can rely on various pieces of evidence to show what happened, such as security camera footage and witness testimony.

Nonetheless, many truckers are negligent, too. Common reasons include fatigue, drug use, or cell phone distraction. They might even see a pedestrian approaching the truck but refuse to stop. A trucker’s negligence can make the trucking company liable for compensation to any injured victim.

Reach Out to Our Office with Questions

Snyder Heitman, LLC represents clients injured in collisions with tractor-trailers and other trucks. Pedestrians can suffer horrifying injuries. Contact our office for a private, compassionate meeting with a Greenville truck accident lawyer. Our firm also helps clients in Spartanburg and Upstate South Carolina.