It is the person who is blocking the private driveway's fault because they should have known not to park in front of a private driveway in the first place. However, if the private driveway is not marked with a sign of some sort to let people know that it is private, it may be the driveway owner's fault.
doesn't matter if an accident was on private property. get a police report immediately. this will be used to determine fault, if any.
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.
O.K. The vehicle that is backing out is backing out from private property. The vehicle that is pulling away should have the right of way. You see when a vehicle is trying to enter a Highway via driveway, parking lot, ect. he is ASKING for the right of way and he is responsible for yielding. Hope this helps. Thanks CMAC, 8 year SC State Trooper
Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
If you were fully in the lane, and he is backing from private property onto public property more than likely he will bare the majority of fault/liablilty.
It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.
The person backing up can be held accountable, since he is responsible for knowing what is in his line of backing. However, you can also be held responsible for blocking his driveway, this is considered a safety hazard. Most city ordinances have laws against parking on sidewalks and blocking private entranceways and driveways. So, you both could be in trouble but the car blocking the driveway will be cited with stiffer fines. Note that most states have some form of comparative negligence in analyzing cases like this. It is likely that the vehicle blocking the driveway would be assigned some level of negligence for blocking the driveway. However, it is probable that the majority (if not all) of the negligence would be assigned to the person backing out of the driveway, because his vehicle was in motion and he is supposed to be aware of its direction and speed of travel and any potential hazards it may encounter in its path. If I had to make a guess, negligence might be assigned 90/10 or 80/20. Depending on the jurisdictions form of comparative negligence, any damages would be split accordingly.
In the UK it can, if the driveway is private property.
If the driveway is on private property then in most states it is considered private property. Though laws differ still per state on this.
no, only if you do not own the driveway
The backing vehicle appears to be at fault - they should have been looking behind them to see what was happening there and seen the car coming out of the driveway.The car coming out of the driveway would have had their attention in the other direction, looking for oncoming traffic.
Of course you can. Your driveway is private property.