The person backing out due to the other car having the right-of-way.
You are at fault.
Any time the driver who is backing is at fault, in all 50 states.
Backing up--it is your fault.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
The person backing out I am asuming other person has finished reversing and is leaving if I understood correctly
If he was driving forward past his intended parking space to take yours, then he is at fault. Cutting across is not permitted in parking lots although many people do it anyway.
both of you for not looking back
The guy that is walking.
you are backing and they are going forward in the lane? more than likely it will be you, that is deemed 'at fault'.......the party backing must use a higher degree of care...doesn't matter (in this instance) that you are hit in the rear.......
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.