They have the right of way. Even if they hit you on purpose insurance companies favor the car already in the lane.
The car in motion is ALWAYS at fault when it hits a stationary vehicle.
The person backing out due to the other car having the right-of-way.
The backing car is at fault
The guy that is walking.
If the person backing out of the space had not seen a pedestrian walking the "wrong way" it would be the fault of the driver of the car backing out....... So it is the fault of the person backing out. They did not look to make sure it was safe to do so.
The backing car would be at fault. The question implies that the backing car crossed the center line and would have been moving against the flow of traffic.
Yes, in all states the person backing is responsible for any accidents.
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.
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.
It is the fault of the person backing out. You have the right-of-way if you are driving in a usual and safe manor. The person who hit you should be cited for "backing without caution".
Yours. If you backed out into a street, it is YOUR responsibility to observe and make certain there is no interfering traffic.
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