Yes i think that if you are hit in the foot its their fault if you are hit in the stomach, its your fault.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
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 person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
Fault here would likely be shared. On the one hand, the driver backing really has no legal right to the lane they are backing into - you cannot cut someone off while you are backing up. But it seems you have described a situation in which the individual backing was well into the backing process when someone came along, from quite a distance, and hit them. Hence the driver in the lane already probably had the last clear chance to avoid the accident but chose not to and would hence bear the majority of the fault.
It would be the person driving fault because it is like the same thing as driving and hitting someone.
Whoever the police report charges with the accident.
If they backed into you, it's their fault. Failure to yield.
Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!
Any time the driver who is backing is at fault, in all 50 states.
Same thing happened to me in CA & we were found to both be at fault....
The operator of the backing vehicle is always at fault hen a stationary object is struck.
anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.