Always yield to pedestrians. If you hit one, you have almost no chance of getting off the hook. Even if it's not your fault, it'll be tough.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
The driver travelling in reverse is almost always responsible. In this case, he would have had a duty to ensure the road was clear before backing out of the driveway.
When entering or crossing a road, street, or highway from a private road, alley, building, or driveway after stopping prior to the sidewalk, you shall yield the right-of-way to all approaching vehicles and pedestrians.
The backing car is at fault
You are possibly both at fault. Speeding is negligence per se
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
anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.
When possible, pedestrians should walk: On the right side of the road to avoid oncoming cars.
The backing vehicle appears to be at fault - they should have been looking behind them to see what was happening there and seen the car coming out of the driveway.The car coming out of the driveway would have had their attention in the other direction, looking for oncoming traffic.
Was it? I don't know as I wasn't there. You may want to rephrase this to make clear what you are asking.
Depends on the state, but the old rule is: If a vehicle is backing into the roadway, and it is over 25% into the street (50% of the lane) then the opposing traffic must stop.
Anytime a vehicle is departing private property and entering a road, it must yield the right-of-way to traffic. The liability is with the backing driver until the backing vehicle is fully into the road. The vehicle already in the road must still take all prudent steps to avoid a collision where possible. If either vehicle is operated in an unsafe manner, the liability will be assigned accordingly.