Anytime a vehicle is departing private property and entering a road, it must yield the right-of-way to traffic. The liability is with the backing driver until the backing vehicle is fully into the road. The vehicle already in the road must still take all prudent steps to avoid a collision where possible. If either vehicle is operated in an unsafe manner, the liability will be assigned accordingly.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
If someone hits a parked car then they are automatically liable.
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.
The backing car is at fault
The person backing out of the driveway.
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.
Yours. If you backed out into a street, it is YOUR responsibility to observe and make certain there is no interfering traffic.
nothing
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.
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..
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