Backing out of drive way while some one was pulling in we hit so who is at fault?

Question

who is at fault if one is backing up and one is turning in toward you with car

Answer 1

Many states are no fault states, so it won't matter to your insurance.  But in the case of many insurance companies, they don't like it if you got a ticket when you got in the accident.  In this case, I would say the person who was pulling in to the driveway.  He (or she) had a complete view of the drive and should have been looking forward as they drove.  While the person who is backing out will have a much bigger blind spot and therefore a limited "fault" since he didn't have a full view like the person driving forward.  Much like hitting a person from behind.  The person in the back is always at fault because they had a full view of what was happening and should have been paying attention enough to stop from hitting someone else.

However laws are different in most states, if you hit in the driveway, that is different, but the person on the street has the right of way.  It is an interesting situation.

Answer 2

The one in the lane always has the right of way, so they would probably say the one who was backing out.

Answer 3

The one going backwards is at fault.

BUT, it may make a difference (legally) because it's on private property.

Answer 4

the person on the street going into driveway has right of way, person backing up in driveway has to yield to street traffic. sorry but it seems it was your fault, failure to maintain control, failure to maintain safe distance, diregard for other traffic, failure to yield( your state laws may use different wording).

Answer 5

Normally, whoever is reversing is at fault. Reversing is seen as a higher-risk manoeuvre than normal driving, so you should have been exercising extra caution, and should have been able to stop, and avoid hitting the other vehicle. However, you may not be at fault if the other car was moving at speed (if a guy pulls in to your driveway at 30, then it's unreasonable to expect you to have seen him and anticipated his excessive speed), or if the other car could not reasonably have been expected to turn into the driveway. This would be something like if the other car was at a high rate of speed, and slowed quickly, and turned rapidly without signalling. Unfortunately though, you would have to prove this, or the other driver would have to admit it.

Answer 6

In Texas... whoever is in Reverse is at fault.