What type of driveway? Was it a curving and could not see the car before rounding the curve? Is it straight; then why did you not see the car blocking the driveway before even getting into car and/or backing..
Yes, blocking the sidewalk is illegal and if it is over the sidewalk it is not legally parked in your driveway.
Blocking a driveway is not a criminal offense, unless you refuse to move. You may get a ticket for blocking a driveway depending on where it is.
In practice this is very difficult to do anything about. I know because it happened to me. The police weren't interested unless any damage was done to the property, and the council weren't interested unless the pavement was being blocked. Similarly, I am a lawyer and my litigation colleagues said there was pretty much nothing I could do about it except stick a sticker in the window asking them not to park there.Another PerspectiveIt must depend on your jurisdiction. If a car blocks your driveway, preventing you from accessing it, the car can and will be towed by the local police and a citation will be issued. Most municipalities in the United States have town and city ordinances regarding how close a driver can park to a driveway. For example, there is a five foot limit locally. The police are happy to oblige when a property owner complains. If the car is parked on private property it certainly can be towed. If you are the owner of property no one else has the right to park their car in your driveway unless you have given them permission.
I have had cars towed for blocking my driveway. It is the city's responsibility to tow cars that are on a public road that block driveways. If someone blocks your driveway, don't call 911. Call your district police station and either they will put the call out or will direct you to the correct number. It may take up to two hours to get a tow truck to your place. However, if someone parks in your driveway, I think it's your responsibility to get someone to tow that car.
As one who has received tickets for parking in my driveway in L.A. here's what I know. You cannot block any part of the sidewalk. It used to be 33% but that's not the case any longer. You can park in your driveway but if the slightest bit of the bumper is in the sidewalk they'll nail you. And smile while doing it.
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.
You could: Have them ticketed - get them towed - talk to them.
You won't get a traffic ticket, but you can be cited for trespassing, and the property owner can have your car towed.
That depends on local ordinance - some may allow it. Homeowners Associations often have such rules, as well.
I think that you could call a tow company have it moved, and give the owner the bill.