That's the decision of a police officer or a judge.
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.
Any time the driver who is backing is at fault, in all 50 states.
The person backing out.
The person at fault would be the one backing into a parking space. Because they are going to look at it as, your supposed to pull into the parking space front first, not backing in. So it would be your fault. But I'm sure that both of you would get a ticket or something else, because they hit you, and you are violating parking lot conduct.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
both because ur not quick enough ;) the other guy is thick cos he drove into you!! So more his fault!!
both of you for not looking back
The driver backing up. Unless you can prove the other car was driving unsafly.
You are at fault. You are backing out of a space and you must yield the right of way to the other vehicles traveling in the aisle.
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
Whoever the police report charges with the accident.
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.
The person who is backing out of the parking space
The car that is in motion is ALWAYS at fault.
Depends on the jurisdiction, but typically, two vehicles backing up is a 50/50.
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).
If they backed into you, it's their fault. Failure to yield.
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.
Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!
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.
If you back into somthing its your fault regardless of whether it was parked improperly or not. You were suposed to be looking
In general, the driver who is backing is considered to be at fault.
It is not rare to be in this particular situation. Really, you are not at fault, but you still shouldn't get angry at the other vechicle's driver.Another View: Not enough information is given in the question. If the other car was stopped and waiting for you to back out and YOU ran into THEM, YOU are at fault.If both cars were in simultaneous motion (they were pulling in while you were backing out) BOTH parties are at fault. One for not yielding and the other for backing without caution.
In most states, fault lies with the person who had the "last clear chance" to avoid the accident. If you saw the car backing up at you and just sat there and let it hit you, it's your fault. If you saw the car backing up and thought "I can get past them" and instead hit them, it's your fault.
It would be the person driving fault because it is like the same thing as driving and hitting someone.