The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.
That depends on the circumstances involved. If you are causing a dangerous situation by blocking traffic, etc. you may be found to be partially at fault.
It is not illegal in any state to back into a driveway from a highway. A person should use extra caution when doing this to make sure that the road is clear in both directions. If the highway has high traffic, pull to the left shoulder of the road, then back into the driveway when it is safe to do so.
It is not an offence to back out of a driveway, but it is an offence to back across a lane of traffic.
traffic happens lots of cars get jammed or something blocking the way
The "K" turn.
The "K" turn.
a road that has traffic flowing in two directions
stop (make sure you are not on the railroad tracks)Added: If they are in the down position (blocking traffic) STOP. If they are up, proceed as normal. (Although you COULD glance in both directions just to make sure)
a road that has traffic flowing in two directions
yes
If there were no traffic rules, then you would probably get in to crashes wherever you go. Just backing out of your driveway could get you into a crash.
Both of you. You for "undo care and attention" and the other person will be fined for parking on the wrong side and blocking off the driveway. Marcy Under no circumstances would a "parked car" be at fault for an accident that you could have avoided by simply using due care as required under the circumstances. The fact that the car is parked illegally is between them and the constable and has no bearing on liability to you. All you had to do was have the illegally parked vehicle removed and you would have avoided any risk of collision, but you intentionally assumed the risk by taking matters into your own hands. Also, many jurisdictions do not prohibit "wrong side" parking, except on divided roadways.