Nevada Revised Statutes 484B.113 prohibits unsafe backing. Unsafe backing means backing a vehicle up when there is a vehicle, stationary object, or person in the way. Under Nevada law 484B.113, it is illegal to back up a vehicle when the path isn’t clear. Because unsafe backing is a misdemeanor offense, it’s important to take the charges seriously. Our Nevada car accident attorneys explain unsafe backing.

Unsafe Backing Before Crash

Points for unsafe backing in Nevada; NRS 484B.113

The State of Nevada assesses two demerit points to a person’s driving record when they receive a conviction for unsafe backing. The Nevada Department of Motor Vehicles issues the points automatically. The court has no discretion whether to assess the points if there is a conviction. As long as the driver receives a conviction, two points for unsafe backing are added to the person’s driving history under NRS 484B.113.

Unsafe Backing Vehicle Code

Unsafe backing is found in the Nevada vehicle code in Nevada Revised Statutes 484B.113.[1] The unsafe backing vehicle code is found in Nevada laws, Chapter 484B. Chapter 484B is called the Nevada Rules of the Road.[2]

The chapter of law lists all of the statewide rules that govern traffic control. This section of the law states that it is against the law to unsafely drive a vehicle in reverse. In the law, there are examples of what counts as unsafe backing.

Unsafe Backing Definition Nevada

The unsafe backing definition in Nevada is found in Nevada law 484B.113. The law says that there are three ways to be in violation of the law. First, a driver may not back up a vehicle unless they can do so safely. That includes backing into traffic and objects as well as pedestrians. Drivers must also yield to moving traffic and pedestrians. In addition, backing into an intersection, crosswalk, or around a street corner is also part of the unsafe backing definition in Nevada.

Is Unsafe Backing a Moving Violation in Nevada?

Yes, unsafe backing is a moving violation in Nevada. The offense results in two points assessed against the driver’s license. In addition, the record remains on the driver’s history of moving violations. Unsafe backing is a moving violation in Nevada in that it is an offense that occurs while a person is in the control and operation of a motor vehicle. The offense is recorded on the person’s driving history as a driving-related infraction.

Whose Fault Is It If You Hit Someone Backing Up?

If you hit someone backing up, the driver is almost always at fault. Nevada law says that a driver shall not back up a vehicle unless they can do so safely, and drivers must yield to pedestrians. When someone hits someone else backing up, it’s usually the fault of the driver who did not yield to the pedestrian.

While a pedestrian may also be at fault, for example, by concealing themselves behind a vehicle or running behind a moving vehicle, typically, their fault is slight compared to the fault of the vehicle driver. When a driver hits another vehicle backing up, the driver almost always commits illegal backing and is at fault for the accident.

Is the Person Backing up Always at Fault?

The person backing up is almost always at fault. A driver has a legal obligation to make sure that the path is clear before they back up into an intersection. When an accident occurs, the person backing up usually could have and should have taken additional steps to ensure that there was nothing in the way before moving their vehicle. Although the vehicle in the right of way may share fault by speeding or driving distracted, the person backing up is always at fault, at least in part.

Determining Fault When Two Cars Back Into Each Other

Determining fault when two cars back into each other is a difficult question. Each driver may be responsible for unsafe backing. Each vehicle has the legal obligation to yield for moving traffic. However, both vehicles may claim that they are moving traffic. To determine fault when two cars back into each other, it’s important to look at the exact circumstances at the time of the accident.

Whether one vehicle was further into the path of travel at the time of the accident is a critical question. The speed of each vehicle is another factor. It’s possible that both drivers may be at fault when two cars back into each other. It’s also possible that one driver or neither driver is responsible for the accident when two cars back into each other.

Unsafe Backing and Civil Liability; NRS 484b.113

A violation of NRS 484B.113 is a misdemeanor offense. The offender faces a fine and demerit points on their license. A conviction goes on the driver’s criminal record as well as on their driving record.

However, unsafe backing may also give rise to civil liability. Unsafe backing is negligence. When a person receives a citation for unsafe backing, their actions may create a presumption of fault in the civil court of law. In other words, when a person causes an accident by unsafe backing, their actions constitute negligence for contributing to the accident. It’s important to address the criminal citation aggressively and consider criminal and civil liability when you determine how to address the citation.

How Our Nevada Accident Attorneys Can Help

If you’ve been in an accident caused by unsafe backing, you have rights. Accident victims have the right to claim the compensation that they deserve. If you’re injured by unsafe backing, you may have a right to compensation. You must exercise your rights to receive the compensation that you deserve.

Ask us how we can represent you with no fee unless you win. Our friendly team is standing by to take your call. Call us today.

Sources

[1] NRS 484B.113

[2] NRS Chapter 484B – Rules Of The Road 

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 28 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.