It sounds like that if you can prove it, he is very much at fault in this instance. I would contact the store/mall security to see if there is surveillance or utilize any witnesses or else this may be deemed 50/50 fault if there is no stead-fast proof. Regardless of the illegal parking, the driver of the vehicle in motion is responsible for any damages that occur. The law will presume he or she did not use reasonable caution in the operation of the vehicle.
both of you for not looking back
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
Backing up--it is your fault.
Depends on the jurisdiction, but typically, two vehicles backing up is a 50/50.
check behind the car before getting in
The car that is in motion is ALWAYS at fault.
Hard to say. Possibly equal fault by both parties but most likely the person backing out.
You if you were backing up. If you were waiting at a stop sign or stoplight or even an entrance and someone else hit you, it would be the person behind's fault.
Think about this your are backing up, and your neighbors little boy is playing in your yard, and he isn't supposed to be in your yard and you hit him, (a) did you see him? can you hit him because he is not supposed to be there? We are responsible to know what is behind us and be aware of where our car is going. Two wrongs do not make it right. I think you are responsible for hitting a car that is behind you when your are backing up.
yes you are correct. the person backing up is responsible for making sure the area behind their vehicle is clear.
No, it is not permissible to park behind a no parking sign.
Any driver that is the backing vehicle has a greater and duty and care to maintain proper lookout at all times. The driver that was traveling on the throughfare has control of the lane of travel and the backing vehicle must yield to them. Infortunately, you would the proximate cause of the accident for improper backing.