Car a because it was backing into the intersection
Differing Opinion:
Car B has no more right of way in an intersection than Car A; a general rule of the road is that any car that enters a intersection first has the right of way: this rule is extended in residential areas that have drive ways (where it is normal to back into the street). Translated; both have equal right of way, and the one there first has a superior right of way.
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.
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.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
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.
You are at fault.
If the person backing out of the space had not seen a pedestrian walking the "wrong way" it would be the fault of the driver of the car backing out....... So it is the fault of the person backing out. They did not look to make sure it was safe to do so.
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
it is ALWAYS the fault of the backing driver. They bear the responsibility to make sure they can back with safety.
Most defintley his fault, you were backing out, he should have saw you first.
Even though the weather played a significant part in the accident, the other driver is still at fault. The basis being, they should have allowed for the hazardous driving conditions.
In most states, fault lies with the person who had the "last clear chance" to avoid the accident. If you saw the car backing up at you and just sat there and let it hit you, it's your fault. If you saw the car backing up and thought "I can get past them" and instead hit them, it's your fault.