This is a tough situation. Your only chance could be the existence of the third party witness that says the person coming down the aisle was traveling at an excessive speed. It is also just as likely that both insurance companies will decide that both parties are equally At Fault and let each take care of their own damage.
Any time the driver who is backing is at fault, in all 50 states.
You are at fault.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
The person backing out.
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.
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.
The car that is reversing out of the parking.
both of you for not looking back
The guy that is walking.
Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
If you are driving the backing car, no matter WHERE the other cas is located, YOU are the one at fault if you collide with it.
Most defintley his fault, you were backing out, he should have saw you first.
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 the person backing out of the space had not seen a pedestrian walking the "wrong way" it would be the fault of the driver of the car backing out....... So it is the fault of the person backing out. They did not look to make sure it was safe to do so.
Your mum, Steve.
The car that is in motion is ALWAYS at fault.
Whoever the police report charges with the accident.
both because ur not quick enough ;) the other guy is thick cos he drove into you!! So more his fault!!
The driver backing up. Unless you can prove the other car was driving unsafly.
Originally you are at fault unless you were in the process of backing up before the offender had arrived. If however he was present before you started to back up and claims he was unable to stop than you were at fault. GOOD LUCK IN COURT :)
If they backed into you, it's their fault. Failure to yield.
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.