It would be the person driving fault because it is like the same thing as driving and hitting someone.
The person backing out.
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
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 driving through. If you're backing out then you do not have the right of way.
Whoever the police report charges with the accident.
The person driving in a forward direction has the right of way. If you are backing up, you must wait until traffic is clear before moving. Similar to a rear-ender, when the person hitting someone in front of them is always at fault.
stand up for them
At least in PA, the person backing up is at fault, no matter how stupid the other driver is. My brother got burned backing up and hit someone speeding through the parking lot. to the best of my knowledge, all parking lot accidents are 50/50.
If they backed into you, it's their fault. Failure to yield.
You are simply because you have more responsibility when backing up to make sure it it clear.I found this out when backing out of driveway(mine) and someone turning in hit me.The insurance paid (we both had the same company) but cancelled my insurance.Alfa
the person driving on the road has the right of way, which means he/she goes first, therefore you are to let the person pass by before backing your vehicle
You are at fault. You are backing out of a space and you must yield the right of way to the other vehicles traveling in the aisle.
anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.
Same thing happened to me in CA & we were found to both be at fault....
The backing vehicle is at fault. We are always supposed to look to ensure the path is clear before placing our vehicle in motion.
You if you were backing up. If you were waiting at a stop sign or stoplight or even an entrance and someone else hit you, it would be the person behind's fault.
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.......
Both of you are at fault to a degree. Depending on who primarily had the right of way, which in this case sounds like the person not in his or her parking space their insurance will actually be responsible for any damages that resulted. We are disputing this situation now. The insurance company says it was both parties fault. My question is, If I am traveling the interstate in the wrong direction and hit someone is it partialy their fault because they should have seen me coming? Wrong way mean "WRONG". I went through this exact thing, when a snowplow went up the wrong way in a marked one-way part of the parking lot row and hit my car as I was backing out. I thought for sure he would be held responsible. I wasn't expecting a truck from that direction. In the end, I was found to be at fault for backing out into him.
Fault here would likely be shared. On the one hand, the driver backing really has no legal right to the lane they are backing into - you cannot cut someone off while you are backing up. But it seems you have described a situation in which the individual backing was well into the backing process when someone came along, from quite a distance, and hit them. Hence the driver in the lane already probably had the last clear chance to avoid the accident but chose not to and would hence bear the majority of the fault.
"Who is at fault when someone is backing out of a driveway on private property and you are pulling into the driveway and you get hit?" "Who is at fault when someone is backing out of a driveway on private property and you are pulling into the driveway and you get hit?"
This depends on the state you are in and most times whether it is a private parking lot or not. florida is a no fault state so it you back out and hit someone or if someone hits you while backing out then you are both equally at fault and both insurances have to cover. most cops here dont even ask because in a private parking lot it doesnt matter both insurances cover anyways.
Rule of thumb: if two cars are in an accident and only one of them is moving, it's the fault of the car that was moving.
I'm confused by the question. You were both backing? And back into each other? If that is correct more than likely you will each be 50% at fault. If you can provide more information (ie, where on each vehicle exactly is the damage, who was farther out etc), then perhaps I can be of more assistance.