--yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
Whoever the police report charges with the accident.
The person backing out.
Any time the driver who is backing is at fault, in all 50 states.
The person at fault would be the one backing into a parking space. Because they are going to look at it as, your supposed to pull into the parking space front first, not backing in. So it would be your fault. But I'm sure that both of you would get a ticket or something else, because they hit you, and you are violating parking lot conduct.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
the person pulling out
The person backing up. That is, unless the other person had a clear chance to avoid the accident and failed to do so (i.e., wasn't paying attention).
both of you for not looking back
A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.
In most states, fault lies with the person who had the "last clear chance" to avoid the accident. If you saw the car backing up at you and just sat there and let it hit you, it's your fault. If you saw the car backing up and thought "I can get past them" and instead hit them, it's your fault.
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.