This is sticky, because the argument could be made, had you not been driving in the wrong direction you wouldn't have been there thus the accident wouldn't have happened.. however, and agrument could also be made, what if it had been a child walking? I'm guessing since you were going the wrong direction the backing driver didn't even look in that direction. Were I handling this claim with this small amount of info, the backing driver would still bare the brunt of the liablity decision, the backing party is held to a higher degree of care when backing. I would probably assess you with some negliegence, for going the wrong way 10-25%.....
The vehicle on the wrong side of the road will more than likely be deemed the majority if not all at fault.
If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.
The driver of the car that hit you would be at fault for failing to slow down and avoid hitting you, regardless of which side he or she was on. Parking lots are very dangerous places and people must slow down accordingly.
it is the person coming out of the parking space
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 car pulling from the parking space is at fault
Both of you. You for "undo care and attention" and the other person will be fined for parking on the wrong side and blocking off the driveway. Marcy Under no circumstances would a "parked car" be at fault for an accident that you could have avoided by simply using due care as required under the circumstances. The fact that the car is parked illegally is between them and the constable and has no bearing on liability to you. All you had to do was have the illegally parked vehicle removed and you would have avoided any risk of collision, but you intentionally assumed the risk by taking matters into your own hands. Also, many jurisdictions do not prohibit "wrong side" parking, except on divided roadways.
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.
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.
Most defintley his fault, you were backing out, he should have saw you first.
Its the person that hit the car coming in to the parking lot because probably the bad car was speeding. :)
You go through the at fault driver's insurance carrier.