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Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
BOTH drivers are at fault for backing without caution. If the accident occurred in a driveway on private property, no ticket was probably issued. Turn it over to your insurance companies.
I would say probably the person backing out, as they should of looked for any oncoming cars before backing out. ---- The person backing out of the driveway who did not yield to oncoming traffic.
The person backing out of the driveway.
A turnabout
Go next door, politely introduce yourself and ask them if they would please not park there because it makes it hard for you to back out.=======================More thoughts . . . .Hopefully the chat with your neighbor has solved the problem, but here are some thoughts to considerIf you have an HOA (Homeowners Association), there might be some rules that apply.Find out if your municipality has a minimum distance to park from a driveway and determine if/how that is enforced.Backing into your driveway might be easier than backing out.
The car that is moving is normally the one at fault. No matter how someone is positioned you should not drive into them (going forward or in reverse). It therefore seems to me that the car backing out of the driveway is at fault.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
Generally, the one who was backing out of the driveway, because they are the one with duty to yield and also because they had the "last clear chance" to avoid the accident.
Finding out the answer to these sorts of questions is what courts are for. The answer depends on the details, but from the brief description given, I'm inclined toward the position that it's probably your fault, or a mixture of fault, but with you being the one mostly in the wrong. People who are backing up are supposed to take extra caution.
It depends on the type of insurance, the terms of the contract and the circumstances.