* The backing driver is usually at fault: Cars backing up have a much more limited view and are generally expected to yield to oncoming traffic. They have a responsibility to ensure the area is clear before backing out.
* The leaving driver *might* be at fault: If the leaving driver was speeding, distracted, or failed to keep a proper lookout, they might share some or all of the fault. For example, if they were going too fast to stop safely, they would be at least partially at fault.
* Shared fault is possible: Depending on the circumstances, both drivers could be deemed partially at fault.
To determine fault, factors considered include:
* Speed of both vehicles: Was the leaving driver speeding? Was the backing driver going too slowly?
* Visibility: Were there obstructions blocking either driver's view? Was it poorly lit?
* Braking: Did either driver make a reasonable attempt to brake and avoid the collision?
* Testimony from witnesses: Eyewitness accounts can be crucial.
In short: While the backing driver usually bears the majority of responsibility, it's ultimately up to the insurance companies and/or the courts to decide based on the specific details of the accident. It's advisable to get police involved to create an official record of the incident.
