Who is at fault in an accident where a vehicle backing out of parking spot strikes that speeding through the lot?

Generally, the driver backing out of a parking spot is at fault in an accident with a vehicle speeding through the parking lot. This is because drivers backing up have a greater responsibility to ensure the area behind them is clear before moving. Speeding, while wrong, doesn't eliminate the responsibility of the backing driver to check for other vehicles.

However, there are exceptions and nuances:

* Severity of speeding: If the speeding vehicle was going at an extremely reckless speed (e.g., far exceeding the parking lot speed limit and exhibiting dangerous driving), the fault could be shared or even primarily assigned to the speeding driver. A court would consider how easily the accident could have been avoided by the speeding driver.

* Obstructed view: If the backing driver had an obstructed view (e.g., large vehicle in front, blind spot) and took reasonable precautions to check for other vehicles, their fault might be reduced or eliminated.

* Witness testimony: Witness accounts that corroborate the speeding or the backing driver's caution (or lack thereof) can significantly affect fault determination.

* Traffic laws and local ordinances: Specific local regulations governing parking lot speed limits and driver responsibility could influence the outcome.

In short, while the presumption is usually against the backing driver, the specifics of the accident determine the ultimate allocation of fault. Insurance companies and courts will investigate all aspects to make a fair judgment.