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In most states, the driver backing up is always responsible for avoiding a collision unless other circumstances enter into the collision, such as DUI, excessive speed or faulty brakes on the part of the other vehicle. But even then, the responsibility may be "shared".

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Q: You proceeded to drive out of your driveway when a vehicle pulled halfway into your driveway and you struck it you was watching out for any passing traffic in the street not behind in your property?
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