Your mum, Steve.
The car going backwards.
The two insurance companies are going to bicker back and forth about this. The speeding car certainly shares in the fault. The person backing out might, as well, if they were inattentive.
as a rule the car backing up is more responcible cause they should be being a lot more carefull and watchfull
A vehicle traveling in a parking lot has established use of the lane and the right of way. A vehicle in a parking space and backing into the lane must yield to oncoming traffic. Therefore, if a vehicle is backing out of a parking space and pulls into the path of an oncoming vehicle that has already established the lane, the vehicle backing would be at fault for the accident. However, if the vehicle which established use of the lane had an opportunity to avoid hitting the vehicle backing out of the space and failed to do so, there could be comparative negligence on both vehicles or on the one who had the opportunity to avoid the accident.
It sounds like the other vehicle was at fault for improper backing, but each state is different and some are no-fault states. Still, if you were in the roadway or parking lot ailse, then you are considered to have right of way. It is incumbent on the other vehicle to make sure the path is clear before backing into traffic.
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.......
Clearly, if you hit a stopped vehicle with yours then you are at fault, regardless of whether you were going forward or backward. Similarly, anyone backing up has an obligation to use the utmost care.Here is a fact you should know . Any accident in a parking lot is not covered by any insurance , only wrecks on public roads . Insurers do cover accidents that occur in private parking lots. The police however will not respond nor make a report unless there are injuries. The person who was backing up will most likely be the "at fault" driver
The driver of the Jeep. The other vechicle was parked.
Backing out of a parking spaceThe person backing up is at fault, they have a greater duty the fact that the person is driving on the wrong side makes no difference. the person shoudl of waited to back out. --yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
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.
I would be interested to see how this plays out. I know my dad was backing out of a parking space slowly because he had two larger cars on either side of him and a driver was driving down the lane in the parking lot and rearended him. The other driver didnt stop for at least 20 feet so he was going pretty fast, but they still gave my dad the ticket for unsafe backing. But if both of you were backing out in a parking lot I dont know how that would play out. Did you guys call the cops? I suppose the cop could have given you both a ticket for unsafe backing??
The vehicle backing up is the one that caused that accident by not looking so they get 99% of the blame. However the other gets1% as they were nOt stopping. BTW did this happen to u?