* The driver backing out usually bears the greater responsibility. The driver backing out has a duty to yield to oncoming traffic and ensure they have sufficient space and visibility before proceeding. This is because they are reversing, which inherently limits their field of vision and maneuverability.
* The driver reversing behind could share fault, or even be primarily at fault, if: they were driving recklessly, not paying attention, following too closely, or failing to brake in time to avoid the collision. Their failure to maintain a safe following distance would be a significant contributing factor.
* Shared fault is also possible. If both drivers acted negligently, contributing to the accident, they might share the responsibility. For example, the driver backing out might not have checked their mirrors properly, and the driver behind might have been distracted.
To determine fault, insurance companies and courts will consider factors like:
* Witness statements: Did anyone see the accident?
* Traffic camera footage: Did any cameras capture the incident?
* Police report: The police report often contains a preliminary assessment of fault.
* Damage to the vehicles: The extent and location of damage can provide clues about the sequence of events.
* Each driver's account of the incident: While self-serving, these statements can offer insights.
In short, while the driver backing out often carries more responsibility, the exact apportionment of fault depends on a detailed investigation of the situation. It's not something that can be definitively answered without more information.
