If there is an accident involving a car backing out of a parking space and a car driving past in a parking lot, is the driver backing always at fault?

I would say yes. The driver backing out was not practicing enough caution. The one main reason I always try to park facing out in a parking lot. But that isn’t saying that the other driver wasn’t practicing caution either. Too many people take too many chances! SO not worth it.

I would hope the cop that investigated would have some common sense. If you’re driving fast enough in a parking lot that you can’t avoid an accident, you’re at fault. And then I watch the idiots cutting through parking spaces from lane to lane and I shake my head.

That has happened to myself as well, trying to back out some moron rushes up stops directly behind me and blasts the horn, like I am the asshole and was about to cause a great accident.
And yes the person backing out would be at fault.

Here I’m greatly teased about my happiness on finding a “pull through” parking space, @kritiper. Park at the back door of Menard’s – no handicapped spaces and loads of pull-throughs! Heaven.

Hangs head. Guilty of the cutting through thing, @Adirondackwannabe, albeit very, very slowly.

Increasing the chance that you might hit them, @SQUEEKY2! Sheesh. Park behind a moving car??

Yes.

Usually, but if the driver in the lane was exceeding a reasonable or posted speed limit (usually 5–15 MPH), then that could be ruled as contributory negligence on the part of that driver.

I.e., the speeding driver could be at least partially at fault.

Otherwise, the driver in the lane has the right of way.

Yes.

Not just cars driving, but people walking, they (should) see the white reverse lights but they keep walking right behind your car. It’s like hello, do you see the lights and that I am starting to back up?

It happened to me too! Must be the same old hang!

While backing VERY slowly out of a parking space (large vans on each side of my car) at Home Depot I was looking left and right quickly. Suddenly a car appeared. I immediately SLAMMED on my breaks. I heard no impact yet the other car stopped. I got out to see what happened. There was a dirt smudge along ¾ of the other car caused by my bumper. I ran my finger along the smudge and could feel no dent or crease in the metal. I was amazed that I came so close to causing damage but caused no real damage. The woman driver was out of her mind (like a panic attack or something like it) demanding that the police be called. I told her that this is not an emergency and we just need to exchange insurance info and go to the police station to file a report. She accused me of trying to trick her. She called 911 and they told her the same thing I told her.

Any way. My insurance company told me that I was NOT at fault because the woman should have been well aware that I was backing out and she was likely going too fast and (also that she was basically a nut case).

” The one main reason I always try to park facing out in a parking lot ”

Heh Heh Heh

https://www.youtube.com/watch?v=_piO849uRdI

There is a difference between backing out and hitting a car going by (backer is at fault, and having backed out and getting hit (speeding driver at fault).

Speed is easily lied about, @Brian1946, but in the age of video surveillance, there’s a chance.

*YES, @jca ‘Pedestrians always have the right-of-way’ is taken entirely too seriously. Common courtesy and common sense should prevail. Not to mention self-preservation.

I hope that’s true, @gondwanalon, about not being at fault. Backing out next to a monster truck is the worst, given that there is barely a lane of traffic left.

Neat trick, @Fielder. What are all those gizmos on the car?

I agree with the distinction @zenvelo, but as a book I was reading this morning mentioned, there is a fine line between being in the groove and being in a rut. Who calls it?

I would say the exception is if the car driving is going the wrong way. If the lot is one way between parked cars that literally is going the wrong way on a one way street. The cop might not cite either driver, but just record the incident. Or, he might actually cite both drivers, or just one, it might depend on the state.

I would say the person backing out is always responsible to make sure the area is clear before backing out, he is the one entering traffic.

Yes, except for special circumstances, for example the driver continue driving pass & hit your car even though you have backed up halfway and there is not enough space for that car to go through.

If both cars are backing, who’s at fault?
This nearly happened to me since I asked this question.

Insurance would probably go the 50–50 rout so there is a claim on both parties insurance and then be able to hike both up at next renewal time.

@SQUEEKY2 and @ibstubro: Unless the amount of the claim is smaller than the insured’s deductible, therefore the insurance company does not have to pay out and the rate will not go up.

@jca your totally correct.