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In most states, the driver backing up is always responsible for avoiding a collision unless other circumstances enter into the collision, such as DUI, excessive speed or faulty brakes on the part of the other vehicle. But even then, the responsibility may be "shared".
Should it ever get to court, most judges will assign split negligence to both drivers, although the pressumption is that the driver backing out of the driveway is supposed to be looking both ways up and down down the street.
Most likely the the vehicle doing the backing up would be at fault.
The person backing up can be held accountable, since he is responsible for knowing what is in his line of backing. However, you can also be held responsible for blocking his driveway, this is considered a safety hazard. Most city ordinances have laws against parking on sidewalks and blocking private entranceways and driveways. So, you both could be in trouble but the car blocking the driveway will be cited with stiffer fines. Note that most states have some form of comparative negligence in analyzing cases like this. It is likely that the vehicle blocking the driveway would be assigned some level of negligence for blocking the driveway. However, it is probable that the majority (if not all) of the negligence would be assigned to the person backing out of the driveway, because his vehicle was in motion and he is supposed to be aware of its direction and speed of travel and any potential hazards it may encounter in its path. If I had to make a guess, negligence might be assigned 90/10 or 80/20. Depending on the jurisdictions form of comparative negligence, any damages would be split accordingly.
looking back
looking back
Looking forward carefully
no
Both states and municipalities establish traffic laws. In most instances person exiting a driveway whether private or public will be held accountable for an accident. The premise being, that driver is entering into the "traffic flow" and is required to use reasonable caution and take no action until the right-of-way is safely clear.
If I understand the question you were both backing at the same time into traffic? If that is the case, likely be deemed 50/50, or if one person had ''possession of the lane'' then the other party would carry most if not all of the negliegence/liablility This is similar to what happened to my car, but in my case, my car was still not quite out of the driveway when the other car hit my left tail light area with her rear bumper, so basically she backed out perpendicularly to the street, crossing 3 lanes. And this a 4-lane street with double yellow line.
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
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