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2008-03-18 13:33:08
2008-03-18 13:33:08

The car that is moving is normally the one At Fault. No matter how someone is positioned you should not drive into them (going forward or in reverse). It therefore seems to me that the car backing out of the driveway is at fault.


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"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?"

What type of driveway? Was it a curving and could not see the car before rounding the curve? Is it straight; then why did you not see the car blocking the driveway before even getting into car and/or backing..

anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.

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 operator of the backing vehicle is always at fault hen a stationary object is struck.

I would say probably the person backing out, as they should of looked for any oncoming cars before backing out. ---- The person backing out of the driveway who did not yield to oncoming traffic.

BOTH drivers are at fault for backing without caution. If the accident occurred in a driveway on private property, no ticket was probably issued. Turn it over to your insurance companies.

Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.

The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.

It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.

If you were fully in the lane, and he is backing from private property onto public property more than likely he will bare the majority of fault/liablilty.

this happened to my sister. the car backing out of the driveway into on coming traffic is at fault. she was driving down theroad and someone backed right into her. the other driver had to pay for all damages through their ins. company

Generally, the one who was backing out of the driveway, because they are the one with duty to yield and also because they had the "last clear chance" to avoid the accident.

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 backing up can be held accountable, since he is responsible for knowing what is in his line of backing. However, you can also be held responsible for blocking his driveway, this is considered a safety hazard. Most city ordinances have laws against parking on sidewalks and blocking private entranceways and driveways. So, you both could be in trouble but the car blocking the driveway will be cited with stiffer fines. Note that most states have some form of comparative negligence in analyzing cases like this. It is likely that the vehicle blocking the driveway would be assigned some level of negligence for blocking the driveway. However, it is probable that the majority (if not all) of the negligence would be assigned to the person backing out of the driveway, because his vehicle was in motion and he is supposed to be aware of its direction and speed of travel and any potential hazards it may encounter in its path. If I had to make a guess, negligence might be assigned 90/10 or 80/20. Depending on the jurisdictions form of comparative negligence, any damages would be split accordingly.

It is against the law everywhere to block a driveway, and if you were somehow at fault for your trailer being struck, yes. If you were obstructing the driveway with the trailer and it was hit as someone attempted to exit the drive, BOTH you and the other driver could be charged.

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

I had a friend who got a ticket for backing out of a driveway. It was not in a neighborhood, it was on a 'regular' road. He didn't cause a wreck or anything, but a policeman was driving by and turned around and came back to give him a ticket. Told him it was illegal to back out into a road.

The person backing out of the driveway. Regardless of whether the car was in motion at the time of the accident. Anytime a vehicle enters a roadway, from a driveway, parking lot, etc. it is the responsibility of the driver to make certain all traffic is cleared.

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