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.
Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
In the UK it can, if the driveway is private property.
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.
O.K. The vehicle that is backing out is backing out from private property. The vehicle that is pulling away should have the right of way. You see when a vehicle is trying to enter a Highway via driveway, parking lot, ect. he is ASKING for the right of way and he is responsible for yielding. Hope this helps. Thanks CMAC, 8 year SC State Trooper
The operator of the backing vehicle is always at fault hen a stationary object is struck.
Anytime a vehicle is departing private property and entering a road, it must yield the right-of-way to traffic. The liability is with the backing driver until the backing vehicle is fully into the road. The vehicle already in the road must still take all prudent steps to avoid a collision where possible. If either vehicle is operated in an unsafe manner, the liability will be assigned accordingly.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
The person backing out of the driveway. Regardless of whether the car was in motion at the time of the accident. Anytime a vehicle enters a roadway, from a driveway, parking lot, etc. it is the responsibility of the driver to make certain all traffic is cleared.
Yes. If you are in a vehicle with the keys in the ignition, you are considered to be driving that vehicle regardless if it is public or private road. You can be arrested in your own driveway even if you do not even have the vehicle started.
this happened to my sister. the car backing out of the driveway into on coming traffic is at fault. she was driving down theroad and someone backed right into her. the other driver had to pay for all damages through their ins. company
the person backing out of the driveway of course. Any vehicle already on a roadway has right of way over one entering it in the absence of a traffic signal.Generally, the person backing out of the driveway must yield to ALL traffic but every place has it's own laws so I'd check with your local police to be sure.
# 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
No. The only person who is liable is the person who hit your vehicle.
No the cars already on the road have the right of way.
Was it? I don't know as I wasn't there. You may want to rephrase this to make clear what you are asking.
Both states and municipalities establish traffic laws. In most instances person exiting a driveway whether private or public will be held accountable for an accident. The premise being, that driver is entering into the "traffic flow" and is required to use reasonable caution and take no action until the right-of-way is safely clear.
The person backing up can be held accountable, since he is responsible for knowing what is in his line of backing. However, you can also be held responsible for blocking his driveway, this is considered a safety hazard. Most city ordinances have laws against parking on sidewalks and blocking private entranceways and driveways. So, you both could be in trouble but the car blocking the driveway will be cited with stiffer fines. Note that most states have some form of comparative negligence in analyzing cases like this. It is likely that the vehicle blocking the driveway would be assigned some level of negligence for blocking the driveway. However, it is probable that the majority (if not all) of the negligence would be assigned to the person backing out of the driveway, because his vehicle was in motion and he is supposed to be aware of its direction and speed of travel and any potential hazards it may encounter in its path. If I had to make a guess, negligence might be assigned 90/10 or 80/20. Depending on the jurisdictions form of comparative negligence, any damages would be split accordingly.
Pulling into your driveway doesn't provide you any safe haven from receiving a ticket if a police officer registered you speeding and was engaged in an active pursuit of your vehicle prior to you pulling into your driveway.
This has alot to do with if the impact is on private property and if you had permission to park in the friends driveway, then ultimately if you want to remain friends. If it's an easement or such, the other answers may apply.Another View: Whether you are on someone else's private property makes no difference, the striking vehicle is at fault. Your insurance companies will have to battle it out.
Typically, the vehicle backing into the roadway, as it is the give way vehicle, required to yield right-of-way to vehicles already in the lane of travel.
You are required to stop for any pedestrians. Then proceed to check for traffic.
In any situation in which a vehicle backing out of a property hits another vehicle, the driver who was backing up is always at fault, barring speeding, impairment, or disregarded traffic controls/signs on the part of the driver who was on the road. Added: I concur. The vehicle operating in reverse must always yield to any other vehicle. The charge I am familiar with is "Backing Without Caution."
It's the backing out cars fault. Impeding the roadway. No one's going to believe you that they were looking the other way.
Depends on the state, but the old rule is: If a vehicle is backing into the roadway, and it is over 25% into the street (50% of the lane) then the opposing traffic must stop.