The driver backing up. Unless you can prove the other car was driving unsafly.
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.
Check with the local police but I've had it where people backing a car out of a shop into a private parking lot get hit by someone driving through (too fast even) and the person who is in reverse is always at fault. Might be different in some areas but in my area this is how it goes.
The driver of the parking car is at fault... he shd allways keep a man to inform him about danger, whenever backing in such a speedy street....
At least in PA, the person backing up is at fault, no matter how stupid the other driver is. My brother got burned backing up and hit someone speeding through the parking lot. to the best of my knowledge, all parking lot accidents are 50/50.
Cutting across empty parking rows or diagonally through lots
In most situations, it would be the car who was driving through. However, the insinuation here is that you are in a parking lot on private proprety, in which case in most states it would be a no-fault accident, in which case both drivers would be responsible for their own damages.
Yes, in all states the person backing is responsible for any accidents.
# When you're behind a slow moving vehicle # When someone is backing out of a driveway and possibly doesn't see you # When going to pick up a friend and they are not outside waiting for you # When driving through a tunnel
I do not feel the the son was at faught because If the tale-end of the car was totally out into the intersection the other driver was to yield to him, especially if passing the son driver was going to cause the driver to go into another lane.
do you have 4 wheel disc !!! if so look on the backing plate of the rear axel it adjusts like drum brakes through a hole in the plate
Both of you are at fault to a degree. Depending on who primarily had the right of way, which in this case sounds like the person not in his or her parking space their insurance will actually be responsible for any damages that resulted. We are disputing this situation now. The insurance company says it was both parties fault. My question is, If I am traveling the interstate in the wrong direction and hit someone is it partialy their fault because they should have seen me coming? Wrong way mean "WRONG". I went through this exact thing, when a snowplow went up the wrong way in a marked one-way part of the parking lot row and hit my car as I was backing out. I thought for sure he would be held responsible. I wasn't expecting a truck from that direction. In the end, I was found to be at fault for backing out into him.