Check with the local police but I've had it where people backing a car out of a shop into a private parking lot get hit by someone driving through (too fast even) and the person who is in reverse is always At Fault. Might be different in some areas but in my area this is how it goes.
The person backing out of the driveway.
The operator of the backing vehicle is always at fault hen a stationary object is struck.
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.
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.
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.
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.
If you were fully in the lane, and he is backing from private property onto public property more than likely he will bare the majority of fault/liablilty.
You are possibly both at fault. Speeding is negligence per se
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.
anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.
It is the person who is blocking the private driveway's fault because they should have known not to park in front of a private driveway in the first place. However, if the private driveway is not marked with a sign of some sort to let people know that it is private, it may be the driveway owner's fault.