my first thought is that you both are to blame but in actuality he probably had the right of way. there are varibles to consider which should include, was he speeding, was he stopped, who hit who, did he sound the horn, how far had you backed out, this is only my opinion and i am not a cop. they probably have their on opinion as well. one would really need to know all the factors to give a fair judgement.
If he was driving forward past his intended parking space to take yours, then he is at fault. 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
The person driving through. If you're backing out then you do not have the right of way.
backing out- you have considerably less vision
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
Whoever the police report charges with the accident.
His...obviously
Answer Yes, This is a very common type of automotive accident.
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.
The person who is backing out of the parking space
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.