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 backing out of the driveway.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
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.
Generally, the one who was backing out of the driveway, because they are the one with duty to yield and also because they had the "last clear chance" to avoid the accident.
If you're driving forward, you aren't backing out the car.
You are simply because you have more responsibility when backing up to make sure it it clear.I found this out when backing out of driveway(mine) and someone turning in hit me.The insurance paid (we both had the same company) but cancelled my insurance.Alfa
The backing car is at fault
The car's acceleration is in forward direction.
Example sentence - She looked over her shoulder prior to backing the car out of the driveway.
You are possibly both at fault. Speeding is negligence per se
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.