Whoever is backing up is At Fault. No matter what the circumstances. Watchout!! Even if you are involved in a collision with an unlicensed driver who is driving recklessly, if you are backing up it will still be YOUR FAULT ! The question will answer itself if you didn't try to force the wording so much: Don't you think who is at fault "...when you back into the side of some one...." seems pretty clear?
Generally, the person that was changing lanes would be at fault. It would be hard to find fault in the other driver if they were stationary in their lane.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
Side impact collision
Most defintley his fault, you were backing out, he should have saw you first.
The person backing out. If you were in the lane/road behind them they needed to use caution when backing out.
Side impact on drivers door.
Side impact on drivers door.
The greater fault lies with the person backing out of the parking space. You may still be partially at fault for not driving with due care.
Backing up--it is your fault.
If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.
If one vehicle is sitting parked and one is in motion, then logic dictates the vehicle that was in motion is at fault and therefore responsible for the damages.
Both of you are probably at fault. If you see another person backing you should stop and signal the other driver if possible. Otherwise stop and wait until that driver completes his backing maneuver.Added: It is the obligation of the backing driver to ascertain that his movement does not interfere with any other vehicles. In this instance, you both apparently failed to do so.
From the explanation given in the discussion area - it would unfortunately appear as if both drivers were at fault. The backing driver for not being aware of his surroundings, and the other driver for failing to yield to the backing car when he saw that the backing car was already in motion.
The person driving in a forward direction has the right of way. If you are backing up, you must wait until traffic is clear before moving. Similar to a rear-ender, when the person hitting someone in front of them is always at fault.
Backing out of a parking spaceThe person backing up is at fault, they have a greater duty the fact that the person is driving on the wrong side makes no difference. the person shoudl of waited to back out. --yes but like all accidents like these, it is circumstantial; if person A is backing out, person B is flying by @ 20+ mph, person A checks everywhere & sees nothing and proceeds to back out. they are then hit by car A who is at fault for 'not able to control his/her vehicle'. if both are going proper speeds & it is just a bump, it is definitely A's fault, cuz B has the right of way
Most of the time this will be a 50/50. If there is Video evedence or a witness that says one or other car was being careless or driving to fast or there is other evedence that could change. One of the things to look at is did the backing car back into the side of the other car or did the backing vehical get hit in the side and how far down the side? If you have evedence of this you might convince the judge and your insurance company who was "At Fault"
its both of your faults. mostly his but you both should have been looking.
A head on collision will yield a deeper impact crater, where as a side swipe will leave a larger area scarred but with minimal penetration into the earths crust.
Any driver that is the backing vehicle has a greater and duty and care to maintain proper lookout at all times. The driver that was traveling on the throughfare has control of the lane of travel and the backing vehicle must yield to them. Infortunately, you would the proximate cause of the accident for improper backing.
Generally, who ever is in reverse should yield the right of way. But if I was the claims adjuster for the insurance company with what you say (trying to sneak behind you) I would find him partially at fault. Although if he didn't see you were backing or you had no turn signal on, you would be the one at fault.
A thrust fault results when rock on one side of a fault are thrust on top of the rocks on the other side.
In almost every case of a rear end collision, it is the fault of the car behind. The law in all states implies that the driver of a vehicle should always be in control. The assumption is, that rearend collision can be avoided if the driver had been paying attention and not following too close.
If this is a scenario that I am picturing to be, a T-Bone type accident, then the other driver who hit the side of the car is definitely at fault. Now... please remember... parking lot/garage rules can differ and fault is OFTEN divided regardless of how obvious fault is. I can tell you that if there are security cameras, guards, witnesses, use them to support your claim and rid yourself of your fault-determination. This is allowable with most insurers... especially if you have the PROOF! Good Luck and DON'T back down if you are truly 0% fault - I am a Broker... hope this helps~!