The person backing out of the driveway.
if you're reversing into your driveway and someone hits you its their fault. you were moving away and they wern't paying attention. Now if you went back into the street to straighten out and back back in then it might be your fault, but if you were reversing the whole way and never came back out of your driveway it would be theirs
The driver of the moving vehicle is at fault. The parked vehicle may have been parked illegally, but it didn't hit anything.
Both are equally at fault and you may both have to use your own insurance to pay the damage. If a police report was filed, then the police will determine the % of fault to each person. CORRECTION - Your INSURANCE COMPANY will determine the fault - not the police. Yes, it may be a 50/50 situation, unless one party admits 100% fault.
What type of driveway? Was it a curving and could not see the car before rounding the curve? Is it straight; then why did you not see the car blocking the driveway before even getting into car and/or backing..
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.
If you reverse your car and then collide with a parked car , the person who did the reversing is at fault.
The backing car is at fault
As a general principle, the person operating a moving piece of machinery is responsible for damage to any non-moving obstructions. Whether or not the other car was legally parked is irrelevant. It could be abandoned in the middle of the road and it would still be the drivers responsibility to see and avoid it.
I had a friend who got a ticket for backing out of a driveway. It was not in a neighborhood, it was on a 'regular' road. He didn't cause a wreck or anything, but a policeman was driving by and turned around and came back to give him a ticket. Told him it was illegal to back out into a road.
It is not an offence to back out of a driveway, but it is an offence to back across a lane of traffic.
Finding out the answer to these sorts of questions is what courts are for. The answer depends on the details, but from the brief description given, I'm inclined toward the position that it's probably your fault, or a mixture of fault, but with you being the one mostly in the wrong. People who are backing up are supposed to take extra caution.
If you back into a car you are at fault, especially if the other vehicle was parked. You are the one with the responsibility to look behind you and to avoid the accident. If both cars are moving all bets are off.
Only onto a major road or junction, or by a local ordinance. Otherwise we would all have a U shaped driveway. You need a turn-around area in your driveway. It certainly is not safe to come to a stop on the highway and back into your driveway nor is it safe to back out of your driveway onto the highway. I have a straight driveway and it's not illegal to back out onto a minor residential street.
The general rule of thumb is that any car moving that hits a parked car is at fault.
Don't force the wording of the event and I believe the answer to: "...when you back into someone....", is evident. Add to it, "...when exiting a private driveway...", where one is always required to yield to the traffic on the public street.
It depends. Which bumper is still in your driveway, your front or rear? Did the other car leave the roadway and hit your car? After you came to a full stop did you then proceed to back out and then got hit? If any part of your car was in the roadway then it would most probably be your fault. Any vehicle that is entering into traffic from a driveway is required to yield the right of way to those vehicles traveling within the roadway. If you stuck 2 inches of your car into the road and you were hit, it would be your fault.
This has alot to do with if the impact is on private property and if you had permission to park in the friends driveway, then ultimately if you want to remain friends. If it's an easement or such, the other answers may apply.Another View: Whether you are on someone else's private property makes no difference, the striking vehicle is at fault. Your insurance companies will have to battle it out.
It is not illegal in any state to back into a driveway from a highway. A person should use extra caution when doing this to make sure that the road is clear in both directions. If the highway has high traffic, pull to the left shoulder of the road, then back into the driveway when it is safe to do so.
Building his mothers driveway
Generally if you back into something it would be the backer's fault, unless both are backing and that will usually be that each would be responsible for their own vehicle damage. You shouldn't intentionally put it into reverse and back into someone that is following to closely. If you are stopped or moving slowly or have to stop sudddenly and they hit you in the rear the tailgater is at fault for following to close.
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As a general rule, a parked or stopped vehicle is almost never at fault for an accident. The onus is on the driver of the moving vehicle to make sure the way is clear.
By pushing the snow to both sides of the driveway. (correct answer)