The backing. The other car has the right of way wether they saw you or not doesn't change that. If it was parked, that's even worse.
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!!!!!!!
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.
You are still at fault, no matter what.
It is not rare to be in this particular situation. Really, you are not at fault, but you still shouldn't get angry at the other vechicle's driver.Another View: Not enough information is given in the question. If the other car was stopped and waiting for you to back out and YOU ran into THEM, YOU are at fault.If both cars were in simultaneous motion (they were pulling in while you were backing out) BOTH parties are at fault. One for not yielding and the other for backing without caution.
If they backed into you, it's their fault. Failure to yield.
Its logical.........the person who backed out while the other person was at it!
you are backing and they are going forward in the lane? more than likely it will be you, that is deemed 'at fault'.......the party backing must use a higher degree of care...doesn't matter (in this instance) that you are hit in the rear.......
most times the person backing......rules of the road will dictate that the person backing must use a higher degree of care......nearly all claims I've worked where one is backing and other vehicle is moving forward, and certainly if stopped the backing party will be found fully or higher percentage at fault........
Your mum, Steve.
Most likely it will be considered your fault.
Yes, at least partially. If the moving car was being operated recklessly at the time it hit you, the other driver may also be partly liable.
In any situation in which a vehicle backing out of a property hits another vehicle, the driver who was backing up is always at fault, barring speeding, impairment, or disregarded traffic controls/signs on the part of the driver who was on the road. Added: I concur. The vehicle operating in reverse must always yield to any other vehicle. The charge I am familiar with is "Backing Without Caution."