Its logical.........the person who backed out while the other person was at it!
The person backing out of the lot. Cars in the travel lane have right of way.
Both partys are at fault and each party will need to file there vehicle under there own insurance. Parking lot accidents are always share fault unless one of the vehicle was parked, but since both vehicles were backing out at the same time, both partys are at fault unless you get a kind person to admit it was there fault.
Rule of thumb: if two cars are in an accident and only one of them is moving, it's the fault of the car that was moving.
you are backing and they are going forward in the lane? more than likely it will be you, that is deemed 'at fault'.......the party backing must use a higher degree of care...doesn't matter (in this instance) that you are hit in the rear.......
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??
It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.
both
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.
If a parked car is hit my a moving car, the moving car is obviously at fault. If a moving car is hit by a car backing out of a space, the second car is at fault for failure to yeild, as the first car had right of way. If two cars are backing out and hit each other, it may be hard to determine who's at fault, as both driver's vision may have been compromised.
Both drivers are at fault because backing requires utmost vigilance to see and avoid hazards. Being "out further" won't be the deciding factor, unless it can be shown one or the other drivers should have seen the other because of the positions, failed to do so, resulting in the collision.
Generally you are both equally at fault unless (1) it can be shown that one of the drivers did something that was negligent or (2) if it can be proven that one of the drivers had a clear opportunity to avoid the accident and chose not to.
I would say probably the person backing out, as they should of looked for any oncoming cars before backing out. ---- The person backing out of the driveway who did not yield to oncoming traffic.