Parking-lot accidents are dicey. According to a claim-agent buddy of mine, blame is almost never assessed fully to one or the other in parking-lot accidents. He says they frequently go 50-50 or, in a case like yours, 60-40. I know that seems unfair, because you would think that someone backing out of a spot would be more responsible than 60 percent. But he said that it depends on how far the backer had pulled out. If a person pulling out of a spot is substantially (whatever that means) out of the space and in the access lane, other drivers in the access lane are required to yield to him so he may fully vacate the spot, which makes perfect sense. A driver who plows into the quarter panel of a guy backing out of spot can hardly attribute most of the blame to him.
The car pulling from the parking space is at fault
the car backing out.
Answering "Pulling out of a parking lot onto a street and you have to back up to avoid on coming car and the car behind you hits you who is at fault?"
The person who drove their car into the parked car.
no matter where a vehicle is parked, the moving vehicle is at fault every time.
the car that is backing out because they have to yield because the others have the right of way.
I beleive, whoever's car is moving (wheel-wise), is at fault.
In general, the driver who is backing is considered to be at fault.
It would be the car who has driven past, then reversed into you.
Depends on the jurisdiction, but typically, two vehicles backing up is a 50/50.
I would have to say that technically it would be the driver pulling out of the parking space. TECHNICALLY speaking that is. The insurance companies would probably try to say it is an equal at fault accident maybe.
The backing vehicle is at fault. We are always supposed to look to ensure the path is clear before placing our vehicle in motion.