The car that is moving is normally the one At Fault. No matter how someone is positioned you should not drive into them (going forward or in reverse). It therefore seems to me that the car backing out of the driveway is at fault.
What type of driveway? Was it a curving and could not see the car before rounding the curve? Is it straight; then why did you not see the car blocking the driveway before even getting into car and/or backing..
anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.
The person backing out of the driveway.
It is the person who is blocking the private driveway's fault because they should have known not to park in front of a private driveway in the first place. However, if the private driveway is not marked with a sign of some sort to let people know that it is private, it may be the driveway owner's fault.
The operator of the backing vehicle is always at fault hen a stationary object is struck.
I would say probably the person backing out, as they should of looked for any oncoming cars before backing out. ---- The person backing out of the driveway who did not yield to oncoming traffic.
BOTH drivers are at fault for backing without caution. If the accident occurred in a driveway on private property, no ticket was probably issued. Turn it over to your insurance companies.
The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.
It is usually the responsibility of the homeowner if a person pulls into a driveway and runs over a bicycle. The homeowner's insurance might also pay for this accident. It might be the driver's fault if the bicycle was not in the driveway at the time or the driver was drinking.
The person pulling out of the driveway is at fault.
Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
If you were fully in the lane, and he is backing from private property onto public property more than likely he will bare the majority of fault/liablilty.