This is dependent on whether one driver was in marked lanes and the other wasn't
Added; In many jurisdictions there are no enforceable traffic regulations on private parking lots. They are private property on which the municipal traffic laws do not apply. Usually it becomes a matter for the individual's insurance companies to subrogate.
The driver backing up. Unless you can prove the other car was driving unsafly.
Personally, I think that it should be the fault of the driver going across the aisle, but other may think otherwise.
If the car was crossing yellow or white lines then they are. Otherwise it is your responsibilty as a driver to watch for all other vehicles and pedestrians.
Any time the driver who is backing is at fault, in all 50 states.
If he was driving forward past his intended parking space to take yours, then he is at fault. Cutting across is not permitted in parking lots although many people do it anyway.
The one in reverse is most probably at fault here!
the one that is at fault is the driver that pulls out of their space that then caused both cars to crash . the one at fault should have waited until the other driver parks .
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.
Unfortunately it's your fault since you're entering the "circle of traffic" whether it's circular or not. Fortunately parking lots are private property and not city streets. You may be able to just take care of your own damages..especially if the other driver admitted fault.
The driver of the car that hit you would be at fault for failing to slow down and avoid hitting you, regardless of which side he or she was on. Parking lots are very dangerous places and people must slow down accordingly.
This did happen to me and I was the exiting the parking lot. I had already crossed one lane of traffic and was hit on the driver's side front fender by a car in the second lane. I was ruled "at fault" because I entered the other driver's lane of travel.
depend where you were. if you were on the road, its your fault cuz its a road! 4 moveing cars for crying out loud! if it was in a parking lot, blame the driver who hit your door. your supposed to be parked in a parking lot! dahhhhhhh!