Who is at fault if you are hit in a parking lot by a car that is pulling out and backs into you?

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.