The person backing out I am asuming other person has finished reversing and is leaving if I understood correctly
The person driving through. If you're backing out then you do not have the right of way.
backing out- you have considerably less vision
If you strike him - you are at fault. He can be charged with the No Parking violation but YOU are charged with the collision.
Whoever the police report charges with the accident.
His...obviously
Answer Yes, This is a very common type of automotive accident.
The person backing out due to the other car having the right-of-way.
The driver backing up. Unless you can prove the other car was driving unsafly.
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 who is backing out of the parking space
The person backing out of the lot. Cars in the travel lane have right of way.