In most jurisdictions, the driver backing out of a parking space is considered at fault for a collision with a car trying to pull in next to them. This is because the driver backing out is the one who is changing lanes, and thus has the duty to yield to oncoming traffic. In addition, the driver backing out has a limited field of vision and may not be able to see a car that is trying to pull in.
However, there are some cases where the driver pulling in may be considered at fault. For example, if the driver pulling in was speeding or driving recklessly, they may be considered to have contributed to the accident. Additionally, if the driver backing out could have avoided the accident by taking evasive action, they may be considered partially at fault.
