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Its your fault, you are the one that backed up into them. It's not your fault that the driver behind you failed to stop in time if they could have used due care to observe your vehicle and predict where you were going in time to avoid the collision. There is a presumption that a rear-end collision is caused by the driver following too closely to stop. They are At Fault unless they can prove you were doing something unexpected or illegal. Stopping and backing up in a roadway is not unexpected or illegal, when there are obstacles, so the driver who hits you from behind is at fault for not using due care. If you were going 40 miles per hour in reverse, without any lights on in the dark, on a blind corner, then you might be the one found at fault. This happened to me: unconscious driver of a car rolling 30 feet in reverse hit the front of my car stopped in traffic near the multi-car incident she had just caused. To get my repairs covered I had to prove that I was not at fault by submitting affidavits of witnesses. An arriving police officer even wrote me a ticket (and mailed it to me) because he presumed the damage to the front of my car was my fault, indicating I was "driving too fast." Violation was dismissed, as there was no police evidence I was even driving when I was hit, let alone negligently. Whether traveling forward a 90 MPH or backing up at 2MPH, the driver is responsible for avoiding ANY stationary objects (including sign posts, trees, and other vehicles, no matter how close thay are parked to you or if they are illegally parked). The second answer must be from the same guy who wanted his neighbor's homeowners insurance to pay for his car because it was his house that he ran into.

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17y ago

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