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Backing up--it is your fault.
the driver pulling out from the curb.
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.
A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.
The person backing out I am asuming other person has finished reversing and is leaving if I understood correctly
You are at fault.
Most likely the the vehicle doing the backing up would be at fault.
both of you for not looking back
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
The backing vehicle appears to be at fault - they should have been looking behind them to see what was happening there and seen the car coming out of the driveway.The car coming out of the driveway would have had their attention in the other direction, looking for oncoming traffic.
The vehicle that was performing the backing maneuver is generally always the one at fault.
It depends. Parking lots are private property so the usual rules of the road don't apply. In some states it is 50-50 as far as who's at fault, because both drivers have a responsibility to watch for other drivers. Do not admit fault and let the insurance companies handle it.