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The car in motion is ALWAYS at fault when it hits a stationary vehicle.
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
Pedestrians have the right of way. Unless you can prove he/she was grosely negligent or did it on purpose then you are at fault. If you are backing down on your private driveway and a neighbor who walks behind your car on your private driveway is hit and falls down who is at fault? The neighbor pedestrian has been drinking, unstable on his feet was standing in his driveway at his car then suddenly is behind my vehicle.
The person driving on the straightaway/ roadway. Backing out of a driveway or parking spot is the same as a stop sign. The right of way belongs to the person on the road.
Was it? I don't know as I wasn't there. You may want to rephrase this to make clear what you are asking.
Anytime a vehicle is departing private property and entering a road, it must yield the right-of-way to traffic. The liability is with the backing driver until the backing vehicle is fully into the road. The vehicle already in the road must still take all prudent steps to avoid a collision where possible. If either vehicle is operated in an unsafe manner, the liability will be assigned accordingly.
The operator of the backing vehicle is always at fault hen a stationary object is struck.
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.
the person backing out of the driveway of course. Any vehicle already on a roadway has right of way over one entering it in the absence of a traffic signal.Generally, the person backing out of the driveway must yield to ALL traffic but every place has it's own laws so I'd check with your local police to be sure.
It is the persons fault for entering your private driveway.Another View: If the collision occurred on private property, the insurance companies of both cars will be involved. As a general rule, the driver of the backing vehicle bears the responsbibility for making sure that he can safely proceed in reverse.
Depends on the state, but the old rule is: If a vehicle is backing into the roadway, and it is over 25% into the street (50% of the lane) then the opposing traffic must stop.
Let your insurance company handle it. They do it all the time.