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The driver travelling in reverse is almost always responsible. In this case, he would have had a duty to ensure the road was clear before backing out of the driveway.
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
I would say probably the person backing out, as they should of looked for any oncoming cars before backing out. ---- The person backing out of the driveway who did not yield to oncoming traffic.
The person backing out of the driveway.
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.
A turnabout
In a racket sport such as Racquetball or squash, a back wall is the wall directly opposite a front wall.
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.
doesn't matter if an accident was on private property. get a police report immediately. this will be used to determine fault, if any.
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.