Car 1 is At Fault - the driver should have checked that the road was clear before backing back and should have continued to check that the way was clear while reversing. Definitly car 1
The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.
The driver travelling in reverse is almost always responsible. In this case, he would have had a duty to ensure the road was clear before backing out of the driveway.
The car's acceleration is in forward direction.
It is usually the responsibility of the homeowner if a person pulls into a driveway and runs over a bicycle. The homeowner's insurance might also pay for this accident. It might be the driver's fault if the bicycle was not in the driveway at the time or the driver was drinking.
anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.
Should it ever get to court, most judges will assign split negligence to both drivers, although the pressumption is that the driver backing out of the driveway is supposed to be looking both ways up and down down the street.
The greater fault lies with the person backing out of the parking space. You may still be partially at fault for not driving with due care.
Generally the other driver (assuming you are full in the lane and no longer backing, and have started the forward motion), will bare the brunt of the liablity, now if you do not have control of that lane, then you are, because you are entering public road, (and backing to boot), from a private area.
It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.
Anytime a vehicle is departing private property and entering a road, it must yield the right-of-way to traffic. The liability is with the backing driver until the backing vehicle is fully into the road. The vehicle already in the road must still take all prudent steps to avoid a collision where possible. If either vehicle is operated in an unsafe manner, the liability will be assigned accordingly.
In any situation in which a vehicle backing out of a property hits another vehicle, the driver who was backing up is always at fault, barring speeding, impairment, or disregarded traffic controls/signs on the part of the driver who was on the road. Added: I concur. The vehicle operating in reverse must always yield to any other vehicle. The charge I am familiar with is "Backing Without Caution."
In most states, the driver backing up is always responsible for avoiding a collision unless other circumstances enter into the collision, such as DUI, excessive speed or faulty brakes on the part of the other vehicle. But even then, the responsibility may be "shared".