Car 1 is backing out of a driveway, which is a private area. Car 2 is on the road, which is a public area. When a vehicle is backing up, it is the responsibility of the driver to make sure that it is safe to do so. Car 1 did not make sure that it was safe to back up, and as a result, it rear-ended Car 2. Therefore, Car 1 is at fault.
