Backing up--it is your fault.
both of you for not looking back
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.
The backing vehicle is at fault. We are always supposed to look to ensure the path is clear before placing our vehicle in motion.
Any time the driver who is backing is at fault, in all 50 states.
The person backing out I am asuming other person has finished reversing and is leaving if I understood correctly
Both partys are at fault and each party will need to file there vehicle under there own insurance. Parking lot accidents are always share fault unless one of the vehicle was parked, but since both vehicles were backing out at the same time, both partys are at fault unless you get a kind person to admit it was there 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.
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
It sounds like the other vehicle was at fault for improper backing, but each state is different and some are no-fault states. Still, if you were in the roadway or parking lot ailse, then you are considered to have right of way. It is incumbent on the other vehicle to make sure the path is clear before backing into traffic.
It depends. Parking lots are private property so the usual rules of the road don't apply. In some states it is 50-50 as far as who's at fault, because both drivers have a responsibility to watch for other drivers. Do not admit fault and let the insurance companies handle it.