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In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
If one vehicle is sitting parked and one is in motion, then logic dictates the vehicle that was in motion is at fault and therefore responsible for the damages.
The person backing out I am asuming other person has finished reversing and is leaving if I understood correctly
most times the person backing......rules of the road will dictate that the person backing must use a higher degree of care......nearly all claims I've worked where one is backing and other vehicle is moving forward, and certainly if stopped the backing party will be found fully or higher percentage at fault........
It sounds like the other vehicle was at fault for improper backing, but each state is different and some are no-fault states. Still, if you were in the roadway or parking lot ailse, then you are considered to have right of way. It is incumbent on the other vehicle to make sure the path is clear before backing into traffic.
The vehicle backing up is the one that caused that accident by not looking so they get 99% of the blame. However the other gets1% as they were nOt stopping. BTW did this happen to u?
It is not rare to be in this particular situation. Really, you are not at fault, but you still shouldn't get angry at the other vechicle's driver.Another View: Not enough information is given in the question. If the other car was stopped and waiting for you to back out and YOU ran into THEM, YOU are at fault.If both cars were in simultaneous motion (they were pulling in while you were backing out) BOTH parties are at fault. One for not yielding and the other for backing without caution.
If you are driving the backing car, no matter WHERE the other cas is located, YOU are the one at fault if you collide with it.
The law in every state is very clear about backing. The person backing up/out is at fault and responsible for any damages, regardless of the other vehicle's speed and/or position. It's also known as:"Limitations on backing".
It would be darned hard to assess the blame on the parked car. If one vehicle is in motion and the other is not, 99.99% of the time, the moving vehicle is at fault.
In any situation in which a vehicle backing out of a property hits another vehicle, the driver who was backing up is always at fault, barring speeding, impairment, or disregarded traffic controls/signs on the part of the driver who was on the road. Added: I concur. The vehicle operating in reverse must always yield to any other vehicle. The charge I am familiar with is "Backing Without Caution."
Yup. Both of you are at fault, and will most likely have to use your own insurance to repair your cars.