both because ur not quick enough ;) the other guy is thick cos he drove into you!! So more his fault!!
Whoever the police report charges with the accident.
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
If they backed into you, it's their fault. Failure to yield.
If the person backing out of the space had not seen a pedestrian walking the "wrong way" it would be the fault of the driver of the car backing out....... So it is the fault of the person backing out. They did not look to make sure it was safe to do so.
In general, the driver who is backing is considered to be at fault.
The guy that is walking.
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.
The person backing out due to the other car having the right-of-way.
His...obviously
The two insurance companies are going to bicker back and forth about this. The speeding car certainly shares in the fault. The person backing out might, as well, if they were inattentive.
The vehicle exiting the parking space that did not yield to oncoming traffic.
Both of you are probably at fault. If you see another person backing you should stop and signal the other driver if possible. Otherwise stop and wait until that driver completes his backing maneuver.Added: It is the obligation of the backing driver to ascertain that his movement does not interfere with any other vehicles. In this instance, you both apparently failed to do so.