anytime someone is backing out of a driveway or parking spot, they are at fault. The other driver will only be sited for speeding.
Who ever was backing first should have had the right of way.
Usually the person who is backing up is at fault. Always has seemed odd to me since the other person has the better visibility.
The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.
Unless you can prove the other car was violating the posted limit, the onus to ensure the road was clear is completely yours. Even if you CAN prove the other car was speeding, this may not remove all of the fault from you.
Should it ever get to court, most judges will assign split negligence to both drivers, although the pressumption is that the driver backing out of the driveway is supposed to be looking both ways up and down down the street.
If you are driving the backing car, no matter WHERE the other cas is located, YOU are the one at fault if you collide with it.
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.
It depends. Which bumper is still in your driveway, your front or rear? Did the other car leave the roadway and hit your car? After you came to a full stop did you then proceed to back out and then got hit? If any part of your car was in the roadway then it would most probably be your fault. Any vehicle that is entering into traffic from a driveway is required to yield the right of way to those vehicles traveling within the roadway. If you stuck 2 inches of your car into the road and you were hit, it would be your fault.
In most circumstances, the backing vehicle has the greater duty of care and would be found at fault.
I live on the south side of the street she lives on the north. Our driveways are even with each other. When we bumped into each other my driveside bumper and her front passanger door were dented. Who is more at fault. She was running late for work and did not want too call the police and now she is saying I hit her and it is my fault. Initailly she stated the same as me that neither of us were paying attention to behind us only too oncoming traffic.
Generally the other driver (assuming you are full in the lane and no longer backing, and have started the forward motion), will bare the brunt of the liablity, now if you do not have control of that lane, then you are, because you are entering public road, (and backing to boot), from a private area.