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.
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 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.
Unless you are backing up, a rear-end collision is almost always the fault of the person who hits you from behind.
I live on the south side of the street she lives on the north. Our driveways are even with each other. When we bumped into each other my driveside bumper and her front passanger door were dented. Who is more at fault. She was running late for work and did not want too call the police and now she is saying I hit her and it is my fault. Initailly she stated the same as me that neither of us were paying attention to behind us only too oncoming traffic.
The car going backwards.
Backing out of a parking spaceThe person backing up is at fault, they have a greater duty the fact that the person is driving on the wrong side makes no difference. the person shoudl of waited to back out. --yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
Legally the driver who's car "hits" the back of the other car.
Not enough information. In principle, fault lies with whoever could reasonably have acted to avoid the accident. If your car had been sitting there motionless for, I don't know, twelve seconds, and he came along and smacked into it, then it's almost entirely his fault for not paying attention or for going too fast or for whatever the reason was why he didn't stop in time. If, on the other hand, you car was still rolling when he hit you, then it's probably almost entirely your fault for pulling out in front of oncoming traffic. Or, it could be anywhere in between. Any witnesses?
you are backing and they are going forward in the lane? more than likely it will be you, that is deemed 'at fault'.......the party backing must use a higher degree of care...doesn't matter (in this instance) that you are hit in the rear.......
Your mum, Steve.
as a rule the car backing up is more responcible cause they should be being a lot more carefull and watchfull
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.