If he was driving forward past his intended parking space to take yours, then he is. Cutting across is not permitted in parking lots although many people do it anyway.
The person backing out I am asuming other person has finished reversing and is leaving if I understood correctly
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
backing out- you have considerably less vision
The person driving through. If you're backing out then you do not have the right of way.
Whoever the police report charges with the accident.
The person who is backing out of the parking space
The person backing out due to the other car having the right-of-way.
The driver backing up. Unless you can prove the other car was driving unsafly.
Answer Yes, This is a very common type of automotive accident.
The greater fault lies with the person backing out of the parking space. You may still be partially at fault for not driving with due care.
The person backing out of the lot. Cars in the travel lane have right of way.
Backing up while driving is putting your car in reverse with your foot on the brake and slowly letting your foot off the brake. If you are pulling out of a parking spot you might turn the wheel.
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
If you are driving the backing car, no matter WHERE the other cas is located, YOU are the one at fault if you collide with it.
reverse to the spot instead of driving forward
A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.
The person backing up. That is, unless the other person had a clear chance to avoid the accident and failed to do so (i.e., wasn't paying attention).
The person driving on the straightaway/ roadway. Backing out of a driveway or parking spot is the same as a stop sign. The right of way belongs to the person on the road.
It would be the person driving fault because it is like the same thing as driving and hitting someone.
The person driving in a forward direction has the right of way. If you are backing up, you must wait until traffic is clear before moving. Similar to a rear-ender, when the person hitting someone in front of them is always at fault.
Yours. If it was stationary and you hit it then it was your fault.
Clearly, if you hit a stopped vehicle with yours then you are at fault, regardless of whether you were going forward or backward. Similarly, anyone backing up has an obligation to use the utmost care.Here is a fact you should know . Any accident in a parking lot is not covered by any insurance , only wrecks on public roads . Insurers do cover accidents that occur in private parking lots. The police however will not respond nor make a report unless there are injuries. The person who was backing up will most likely be the "at fault" driver
Backing out of a parking spaceThe person backing up is at fault, they have a greater duty the fact that the person is driving on the wrong side makes no difference. the person shoudl of waited to back out. --yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
I would be interested to see how this plays out. I know my dad was backing out of a parking space slowly because he had two larger cars on either side of him and a driver was driving down the lane in the parking lot and rearended him. The other driver didnt stop for at least 20 feet so he was going pretty fast, but they still gave my dad the ticket for unsafe backing. But if both of you were backing out in a parking lot I dont know how that would play out. Did you guys call the cops? I suppose the cop could have given you both a ticket for unsafe backing??
If the person backing out of the space had not seen a pedestrian walking the "wrong way" it would be the fault of the driver of the car backing out....... So it is the fault of the person backing out. They did not look to make sure it was safe to do so.
Asked By Wiki User
Asked By Wiki User