the person backing out of the driveway of course. Any vehicle already on a roadway has right of way over one entering it in the absence of a traffic signal.
Generally, the person backing out of the driveway must yield to ALL traffic but every place has it's own laws so I'd check with your local police to be sure.
I hate to say but the person pulling out of the drive way must give the right of way to passing traffic and them pull out when all is clear.
Typically, the vehicle backing into the roadway, as it is the give way vehicle, required to yield right-of-way to vehicles already in the lane of travel.
If he pulled out in front of a car driving on the street and it struck his car, then he is at fault. If he was rear-ended by the car following, then the following driver is at fault.
It is the person who is blocking the private driveway's fault because they should have known not to park in front of a private driveway in the first place. However, if the private driveway is not marked with a sign of some sort to let people know that it is private, it may be the driveway owner's fault.
The greater fault lies with the person backing out of the parking space. You may still be partially at fault for not driving with due care.
I believe it could be both persons fault. If you're driving and someone decides to jump in front of your car it's not you fault. If you're driving and aren't being careful or just can't stop in time, than it's your fault. -Bobbbbbbbbbbbbbbbbb
"Useless", unless driving into the house was what you really wanted to do.
No, it is not your fault. If you are hit when driving in front of somebody, it is their fault, irregardless of whether you slowed down or not. Obviously you can't jump in front of somebody and slam on the brakes, but just slowing down does not permit somebody to ram you.
Finding out the answer to these sorts of questions is what courts are for. The answer depends on the details, but from the brief description given, I'm inclined toward the position that it's probably your fault, or a mixture of fault, but with you being the one mostly in the wrong. People who are backing up are supposed to take extra caution.
It depends. Which bumper is still in your driveway, your front or rear? Did the other car leave the roadway and hit your car? After you came to a full stop did you then proceed to back out and then got hit? If any part of your car was in the roadway then it would most probably be your fault. Any vehicle that is entering into traffic from a driveway is required to yield the right of way to those vehicles traveling within the roadway. If you stuck 2 inches of your car into the road and you were hit, it would be your fault.
It has been my experience that you are at fault if you rear-end the vehicle in front of you, the citation would be "following to close" or something to that effect.
Obstructing a driveway, service access, etc. is generally illegal anywhere.
Yes it is not illegall for someone to park right across the street in front of your driveway
This depends on who had the right-of-way. Sidestreets or alleys normally do not have stop signs. But the rule still applies as it would if you were pulling out of a driveway into the street. But this would also depend on how fast the main street driver was driving. He still has the responsibility of avoiding any potential hazards.