Both of you are At Fault to a degree. Depending on who primarily had the right of way, which in this case sounds like the person not in his or her parking space their insurance will actually be responsible for any damages that resulted. We are disputing this situation now. The insurance company says it was both parties fault. My question is, If I am traveling the interstate in the wrong direction and hit someone is it partialy their fault because they should have seen me coming? Wrong way mean "WRONG". I went through this exact thing, when a snowplow went up the wrong way in a marked one-way part of the parking lot row and hit my car as I was backing out. I thought for sure he would be held responsible. I wasn't expecting a truck from that direction. In the end, I was found to be at fault for backing out into him.
The person who is backing out of the parking space
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
The person driving through. If you're backing out then you do not have the right of way.
The person driving on the straightaway/ roadway. Backing out of a driveway or parking spot is the same as a stop sign. The right of way belongs to the person on the road.
Its logical.........the person who backed out while the other person was at it!
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 greater fault lies with the person backing out of the parking space. You may still be partially at fault for not driving with due care.
The person backing out due to the other car having the right-of-way.
The person backing out of the lot. Cars in the travel lane have right of way.
The person backing up. That is, unless the other person had a clear chance to avoid the accident and failed to do so (i.e., wasn't paying attention).
the person who crashed into you, because that person was supposed to have yield to let you pass
Generally, the person backing out is at fault. If you are both backing out you're probably both at fault and will probably share the cost of repair, with each repairing their own. yes because you were backing out and they hit your car its their fault!!!!!!! yes because you were backing out and they hit your car its their fault!!!!!!!